J 



THE OPIUM TRAFFIC 

IN ITS INTERNATIONAL 

ASPECTS 



BY 



WIE T. DUNN, M. A., Ph. D. 



SUBMITTED IN PAETIAL FULFILLMENT OF 
THE EEQUIEEMENTS FOR THE DEGREE OF 
DOCTOR OF PHILOSOPHY, IN THE FACULTY OF 
POLITICAL SCIENCE, COLUMBIA UNIVERSITY 



COLUMBIA UNIVERSITY 

NEW YORK CITY 
1920 



THE OPIUM TKAFFIC IN ITS 
INTEKNATIONAL ASPECTS 



Mi 



BY 



WIE T: DUNN, M. A., Ph. D. 



SUBMITTED IN PARTIAL FULFILLMENT OF 
THE REQUIREMENTS FOR THE DEGREE OF 
DOCTOR OF PHILOSOPHY, IN THE FACULTY OF 



COLUMBIA UNIVERSITY 

NEW YORK CITY 
1920 



0^ 



Copyright 

by Wie T. Dunn 

1920 



UBiva 



To 

Professor Benjamin Franklin Shamraugh 

Head of Political Science Department 

State University of Iowa 



PREFACE 

For the coming few years the opium traffic will not 
come to an end, in spite of the fact that certain large 
opium consuming countries, such as China, have pro- 
hibited the use of the drug except for medicinal pur- 
poses. According to official reports, the government 
of India is contemplating an expansion in poppy cul- 
tivation, forgetting that the House of Commons has 
repeatedly declared the nefarious trade "morally in- 
defensible ' \ Turkey and Persia, both large opium 
producing countries, have taken no steps towards the 
restriction or suppression of opium. 

So long as these countries permit or even encourage 
the production of opium on a large scale and realize 
huge profits from it, it is necessary for other countries 
which have prohibited opium to take stringent measures 
against smuggling. The higher the profits, the greater 
the temptation to scramble for gains. Eventually, 
reckless individuals may embark upon the hazardous 
enterprise and cause grave international complications. 
There is the opium problem — a problem whose solu- 
tion requires international cooperation. 

The purpose of this monograph is twofold : first, to 
prove the honesty or dishonesty, integrity or baseness 
of nations, and, second, to offer a solution for the pres- 
ent opium problem. With the first purpose in view, 
the author traced the events back before the Opium 
War and down to the present time. For the second 



6 PREFACE 

purpose, he dedicated himself to a study on the present 
opium situation in the different countries. The study 
is, of course, not exhaustive, but embodies such results 
as would be of service to those who wish to solve the 
opium problem. 

In conclusion, the author wishes to acknowledge his 
profound indebtedness to Professor John Bassett 
Moore, who has kindly suggested the subject, read the 
manuscript, and made the necessary corrections. He 
is also indebted to Professor Thomas Eeed Powell for 
suggesting improvements and making corrections. 
Finally, his thanks are due to Dr. H. F. Munro for 
valuable suggestions. 

Wie T. Dunn 

New York City, January, 1920 



CONTENTS 

Chapter I Introduction 9 

Chapter II The Crisis (1834-1858) .... 15 

Chapter III The New Crusade (1880-1906) . . 41 
Chapter IV The Success op the Crusade (1907- 

1913) 52 

Chapter V The International Movement 

(1909-1914) 72 

Chapter VI The Opium Problem in Other Coun- 
tries 90 

Chapter VII The Present Opium Situation in 

China (1913-1919) .... 118 

Chapter VIII Conclusion 131 



CHAPTER I 
Introduction 

For the past two hundred years the opium question has 
-confronted and is confronting the Chinese Government as 
well as Chinese statesmen. During the period of active anti- 
opium campaign the Chinese Government paid more atten- 
tion to the opium problem than to any other public affair. 
In 1840 China was compelled to take arms to ward off a 
•danger which had menaced her for at least a century. As a 
result of this war, China had to make territorial and other 
valuable concessions to the victor — England. Since then 
China clearly understood that she could not prohibit the 
importation of foreign opium unless she was fully prepared 
for all eventualities. Since then foreign opium was almost 
freely landed on Chinese soil although China did not legalize 
opium until the conclusion of the Shanghai agreement in 
1858. As a result of legalization which permitted unre- 
stricted importation of foreign opium as well as poppy culti- 
vation by the natives, the evil of the drug spread to all parts 
of China. 

The appalling poverty and human wreckage caused by the 
pernicious drug were largely responsible for the spasmodic 
outbursts of popular agitation. But the Chinese Government 
hesitated to intervene in the opium situation because interven- 
tion would be futile and might lead to another war for which 
China was not prepared. China might be falsely accused of 
having failed to undertake effective measures to combat the 
spread of the opium evil, but she can be proud of the fact 
that neither opium nor the poppy is of Chinese origin. Al- 
though Chinese opium addicts smirched the honor of the 
whole nation, it may be, however, considered as a good ground 
for excuse that opium was forced upon them from without. 



10 OPIUM TBAFFIC IN ITS INTEBNATIONAL ASPECTS 

Prominent English statesmen frankly admitted that the 
forced opium traffic was a great wrong done to China. In 
1884 Lord Justice Frye said: "Few of those who investigate 
it (the opium question) with honest and unbiassed minds 
can, I believe, come to any other conclusion than that we are 
still year by year doing a grievous wrong to China — a wrong 
which, I believe, will some day and perhaps before very long 
cause our nation trouble and sorrow". 2 

Early Chinese chronicles made no mention of the poppy 
and opium. Nor did the economic history of China previous 
to the Chin Dynasty make any reference to opium or the 
poppy or its properties. The fact that the Chinese name for 
opium is a mere translation of the sound of the English word 
shows conclusively that opium was entirely foreign to China 
until it was introduced. In the memorandum submitted to 
the International Opium Commission at Shanghai (1909) a 
statement is found to the effect that the poppy was known in 
China for twelve centuries and its medicinal use for nine 
centuries. 3 But authentic Chinese history does not support 
this statement. The poppy was known in ancient times. 
Homer and other Greek writers made frequent mention of the 
peculiar intoxicating properties of the poppy. Roman 
writers such as Virgil, Livy, Pliny, and Ovid, described it as 
being used for various purposes. 4 Dr. D. I. Macht stated 
that the poppy was first found in Asia Minor and then trans- 
planted in Greece, and that the Arabs introduced opium to 
the natives of Persia and India. 5 But Dr. Nathan Allen holds 
a contrary opinion, saying that the poppy has its origin in 
Persia. 6 From these two authoritative statements, it is clear 
that the poppy was imported into China from foreign 
countries. 

2 Prefatory note in J. S. Hill 's Indo-Chinese Opium Trade. 

s The China Tear Boole, 1916, p. 660. 

* Nathan Allen, ' ' The Opium Trade ' ', p. 6. 

6 D. I. Macht in American Medical Association Journal, 1915, p. 479... 

6 Nathan Allen, ' * The Opium Trade ' \ p. 6. 



INTBODUCTION H 

Writers are still baffled as to the time when opium was 
first introduced into China. According to Dr. Davis I. 
Macht, it was the Arabs who carried the pernicious drug to 
China in the ninth century, and then China began to import 
it from India. 8 In the middle of the seventeenth century the 
practice of mixing opium with tobacco for smoking was intro- 
duced into China probably by the Dutch in Java who indulged 
in the habit and purchased large quantities of opium from 
India. It was the Portuguese who imported foreign opium 
into China at the beginning of the eighteenth century. The 
amount imported was, however, unknown until 1729 when 
the import amounted to 200 chests. In the same year Emperor 
Yung Chin issued an anti-opium edict, interdicting the sale 
of opium and the opening of opium shops and enacting severe 
penalties for violation of the edict. 9 The Portuguese con- 
tinued to flourish on the traffic in opium with an annual 
import of 200 chests until the end of 1780 when their great 
rival, the East India Company, came to compete with them. 

It is true that the East India Company shipped Indian 
opium to China long before 1780, but the amount was in- 
significant, the bulk of the drug being sold to Dutch mer- 
chants at Batavia. This Anglo-Dutch trade was interrupted 
by the Anglo-Dutch war of 1781. For this reason, a new 
market had to be found for the drug. Accordingly, the East 
India Company sent ships to the Far East with the express 
purpose of selling opium to the Eastern peoples and of devel- 
oping the existing trade with China. But the opium trade 
was already in the hands of the Portuguese. In order to gain 
a foothold in the opium market the East India Company 
established a depot for the article on board two vessels which 
were stationed near Macao. Then the volume of the opium 
trade expanded with alarming rapidity. In 1790 the import 
of opium increased to 4,000 chests — an increase of 3,800 
chests over the average annual import before 1780. Indeed, 

s American Medical Association Journal, 1915, pp. 477-478. 

s The China Year Book, 1916, p. 660. 



12 OPIUM TBAFFIC IN ITS INTERNATIONAL ASPECTS 

the import of opium continued to increase so rapidly that in 
1793 the Chinese provincial government began to make full 
investigation of the opium trade apparently with a view to 
adopt measures to put an end to it. Three years later 
Emperor Kea-King issued another edict prohibiting the sale 
and importation of opium. 

But in spite of the two Imperial Edicts of 1729 and 1796 
and the severe penalties inflicted upon the offenders, the 
opium traffic still continued to increase, and the amount of 
opium imported in 1800 was put at 16,877 chests. 10 From 
1793 to 1820 English vessels carried opium to Whampoa (near 
Canton) without annoyance from the local authorities except 
in 1819 when an attempt was made to search vessels supposed 
to be carrying opium. One explanation for the successful 
smuggling of opium is that Chinese officials were bribed so 
that they would not enforce the prohibition, but the better 
opinion seems to be that the geographical conditions of the 
port of Canton and its neighborhood were such that complete 
suppression of smuggling was extremely difficult. The Island 
of Lintin near Macao was the centre of smuggling. Foreign 
'store-ships' in which opium was stored in large quantities 
lay at anchor near the Island. Then opium was carried to the 
Chinese coast by means of fishing boats, junks, hulks, and 
other craft. As the Chinese cruising junks and coastguard 
were scattered here and there without a unified command, the 
smugglers could evade the Chinese authorities with ease. 
Moreover, there is reason to believe that many of the admin- 
istrative officials charged with the suppression of opium were 
themselves opium addicts — a situation that favored a relaxa- 
tion in the enforcement of the anti-opium edicts. In the 
meantime, the high profit realized on the drug induced the 
Americans to engage in the trade. 

Bitter agitation against opium began in 1799 when the 
Governor of Canton, Keihking, 11 requested the Court at 

io The Chian Year Booh, 1916, p. 660. 

11 This romanized name is erroneous, but since it has appeared so 



INTBODUCTION 13 

Peking to prohibit the use and sale of opium. This agitation 
continued to rage. In 1809 the Governor of Canton required 
the Hong 12 merchants to give bonds of security that all ships 
wishing to discharge their cargo at Whampao had no opium 
on board. But this measure, vigorous as it was, failed to cur- 
tail the importation of opium. The ships that carried opium 
in large quantities passed the Canton River without molesta- 
tion. This situation remained unaltered until 1820 when ef- 
fective administrative measures were adopted to suppress the 
increasing smuggling. The year 1820 marked the beginning 
of a series of stringent administrative measures against the 
sale and importation of opium. In this year the local author- 
ities were so vigorous in enforcing the anti-opium law that 
opium ships which had hitherto successfully smuggled the 
drug up the Canton River were compelled to move their head- 
quarters from Whampoa to Lintin. The ships carrying opium 
were liable to confiscation ; opium when seized was destroyed ; 
Chinese citizens in whose possession opium was found for sale 
were put to death. 13 But the local authorities were not able 
to stop the traffic. Chinese opium addicts at Canton could 
obtain the drug through foreign merchants who maintained a 
regular system of smuggling. Natives did not dare to smug- 
gle opium themselves on account of the severe penalties against 
so doing. 14 They gave their orders, as a rule, to foreign mer- 

often in the English books the author deems it unwise to change it as 
the changed form would lead to confusion. 

*2 The Hong merchants were licensed by the Government to trade with 
the foreigners. They alone enjoyed the privilege of dealing with foreign 
merchants. 

is As to the earlier severe penalties, see Keport of the Committee of 
the House of Commons, 1783, Appendix 77. Cited by Hill, op. tit., p. 3. 

i* As a rule, foreign residents in China were exempt from the opera- 
tion of Chinese laws not because the foreigners had any privilege or 
right to demand the exemption but because the Chinese Government was 
unwilling to enforce its laws against the foreigners just as the Romans 
were unwilling to apply the jus civile to foreign residents at Rome. 
For this reason, foreign dealers dared to smuggle opium because 



14 OPIUM TBAFFIC IN ITS INTEBNATIONAL ASPECTS 

chants at Canton, and the latter imported the drug from 
Lintin where the 'store-ships' had a large quantity in stock. 
While the drastic measures adopted by the local authorities 
in 1820 did not completely achieve the result which was ex- 
pected of them, they clearly indicated that the Chinese Gov- 
ernment was firmly determined to put an end to the clan- 
destine traffic in opium; and they dealt a heavy blow to the 
opium interests. For this reason, they created between the 
Chinese Government and the opium dealers a friction which 
became more and more serious day by day. 

they virtually enjoyed immunity from Chinese jurisdiction. In the 
numerous official proclamations against opium it was stated time and 
again that foreign dealers in the drug could no longer enjoy immunity 
if they persevered in the illegal trade. 



CHAPTER II 

The Crisis (1834-1858) 

The severe penalties enacted against opium smuggling and 
the drastic administrative measures adopted up to 1820 to 
enforce the anti-opium edicts all failed to put an end to the 
clandestine traffic in the drug. The import of the drug, on 
the contrary, increased steadily after 1820 as if the anti- 
opium edicts and the strict administrative measures had not 
existed. The following authentic table shows the annual in- 
crease in the import of the drug. 1 

OPIUM TABLE 1821-1834 
Shipments to China in Chests 



YEAR 


KINDS OF OPIUM 






BENGAL 


MALWA 


TURKEY 


TOTAL 


1821-1822 
1822-1823 
1823-1824 
1824-1825 
1825-1826 
1826-1827 
1827-1828 
1828-1829 
1829-1830 
1830-1831 
1831-1832 
1832-1833 
1833-1834 


3,298 

3,918 
3,360 
5,960 
3,810 
6,570 
6,650 
4,903 
7,443 
5,672 
6,815 
7,598 
7,808 


2,278 

3,855 

5,535 

6,063 

5,563 

5,605 

4,504 

7,709 

8,099 

12,588 

9,333 

14,007 

11,715 


383 

140 
411 

56 

1,256 
715 

1,428 
402 
380 
963 


5,959 

7,773 

9,035 

12,434 

9,373 

12,231 

11,154 

14,388 

16,257 

19,956 

16,550 

21,985 

20,486 



i The table is taken, with slight alterations, from Morse 's The Inter- 
national Relations of the Chinese Empire, 1910, vol. 1, p. 210. The 
table compiled by Mr. Morse seems based upon the Financial Statement 
issued annually by the Commerce Intelligence Department of the Indian 
Government. Indian opium consists of two kinds, namely, Bengal and 
Malwa opium. The former is raised in the United Provinces of British 

15 



16 OPIUM TBAFFIC IN ITS INTEBNATIONAL ASPECTS 

The increase in the importation is attributable partly to the 
connivance of the local authorities which was probably secured 
by bribes, and partly to the skill of the smugglers. Evidence- 
is not wanting that certain inferior officers in the Emperor's 
administrative service at Canton occasionally received bribes 
from the dealers in opium so that they would not interfere 
with smuggling. 2 In addition to this, the wavering attitude 
of the high officials in the Court at Peking as well as in the 
provincial government gave the Emperor's administrative 
force at Canton the impression that effectual execution of the 
anti-opium edicts was not required. The increase in the im- 
portation of opium was accompanied by an increase in the 
number of smokers. In 1820 the number of smokers was 
estimated at 365,699 but it passed the two million mark in 
1835. 3 

The year 1834 marked the beginning of a new chapter in 
the history of the opium question. It is the year when the 
British Government undertook to assume the supervision of 
British trade in China by its own officers. Before 1834 the- 
East India Company alone had the right to carry on trade 
with China, all other British subjects being excluded, but in 
1834 the Company's monopoly of trade legally came to an 
end. In consequence of this, the British interests in China 

India, and the latter in native states. The year given in the table is the 
Indian fiscal year beginning from April 1st and closing on March 31st. 
2 As to bribery, see Wei Yuan's Shing Wu Kee (in Chinese) or An 
Account of the Military Operations of the Ching Dynasty, book 13. 
Also, Chinese depository (an authentic periodical published in English),. 
1835, p. 103. 

s The following table, taken from Chinese depository, 1837, p. 303,. 
shows the increase of opium smokers in every three years. 

Increase in Number of Opium Smokers, Each at 3 Candareens 

Per Day 
March 31, 1820 265,699 

March 31, 1823 461,187 

March 31, 1826 816,584 

March 31, 1829 1,034,520 

March 31, 1832 1,475,726 

March 31, 1835 2,039,998 



THE CBISIS 17 

would be left alone and the British Government deemed it 
necessary to despatch several officers to take care of the inter- 
ests of its nationals there. Accordingly, the British Govern- 
ment, on December 10, 1833, issued a commission to appoint 
three Superintendents of the Trade of British subjects in 
China. Lord Napier was appointed Chief Superintendent. 
On December 31, 1833, instructions were issued to the Super- 
intendents, enjoining it upon them to observe moderation in 
making complaint or remonstrance to the officers of the Chi- 
nese Government, to avoid the use of unnecessarily menacing 
language, and not to appeal for protection to the British mili- 
tary and naval forces unless necessary. The instructions also 
directed the Superintendents to avoid all such conduct, lan- 
guage and demeanor, as might needlessly excite jealousy or 
distrust among the officers of the Chinese Government ; or as 
might unnecessarily irritate the feelings or prejudices of the 
officers of the Chinese Government. 4 

Lord Napier's mission was to open direct communication 
with the Canton Provincial Government in regard to the com- 
mercial intercourse between Great Britain and China, and to 
secure an official residence at Canton. Previous to the expira- 
tion of the East India Company's monopoly, its Chief Super- 
cargoes usually resided at Macao, and their communications 
were usually transmitted to the high authorities at Canton 
through the intermediary of Hong merchants. 5 Lord Napier's 
mission was not only unsuccessful, but accelerated the crisis 
which culminated in the Opium War. His proceedings and 
conduct in China were neither in accordance with Chinese 
custom and usage nor with the instructions he received from 
the British Government, and they caused much anger to the 
Governor of Canton. 

In the first place, Lord Napier boldly went ahead to Canton 

*Boyal Sign Manual Instructions to Superintendents of Trade in 
China, Clause 18. 

5 As to the status of these merchants and their functions and liability, 
see supra, p. 13, note 12. 



18 OPIUM TBAFFIC IN ITS INTERNATIONAL ASPECTS 

without waiting for a passport. In his edicts to the Hong 
merchants the Governor of Canton advised the latter that if 
Lord Napier desired to come to Canton for supervising the 
commercial interests of British subjects he should first of all 
request ' * the Imperial will on the subject ' '. 6 But Lord Napier 
disregarded the Governor's opinion entirely. In the second 
place, Lord Napier insisted upon direct communication with 
the Governor, which was flatly refused. No doubt the system 
of indirect communication previously maintained was unnec- 
essarily irritating, but there were reasons in its favor. In 
defense of the system, Mr. Pang, Superintendent of the Mari- 
time Customs of Canton, stated in his memorial to the Throne 
that foreigners, having little knowledge of the style and rules 
required for the maintenance of dignity, constantly used in 
their petitions expressions which were difficult to understand. 7 
When Lord Napier pressed the matter further, the Governor 
of Canton, no longer tolerating his defiant conduct, threatened 
to stop trade with England. Thereupon Lord Napier placard- 
ed in the streets a statement denouncing the Chinese Govern- 
ment in harsh terms. He is credited with saying that if the 
Chinese Government should stop the trade, the thousands of 
industrious Chinese who lived by the European trade must 
suffer ruin and discomfort through the perversity of their 
Government. 8 The Governor of Canton became so indignant 
over Lord Napier's public proclamation that he immediately 
sent a body of soldiers to besiege his residence and cut off all 
supplies of provisions. Lord Napier and his suite were thus 
forced to retire to Macao, where he died on October 11, 1834. 
Lord Napier's proceedings seem to have been disavowed by 
the British Government. In a despatch to Lord Napier, the 
Duke of Wellington, then Secretary of State for Foreign Af- 

6 Accounts and Papers, 1840, vol. 36, p. 17. 

7 Accounts and Papers, 1840, vol. 36, p. 92. 

8 Lord Napier's proclamation was in the nature of an incitement of 
the Chinese people against their Government. For its text, see Accounts 
and Papers, 1840, vol. 36, p. 33. 



THE CBISIS 



19 



fairs, said: "It is not by force and violence that His Majesty 
intends to establish a commercial intercourse between his sub- 
jects and China; but by the other conciliatory measures so 
strongly inculcated in all the instructions which you have re- 
ceived". 9 Had Lord Napier not died in 1834 the war be- 
tween China and England would have broken out at an earlier 
date instead of in 1840, for his course of action defied the 
authority of the local government and greatly offended the 
high officials at Canton. 

In 1836 Captain Charles Elliot was appointed by the British 
Government as Superintendent of Trade, and he figured 
largely in the events leading to the Opium War. His attitude 
towards the traffic in opium was non-interference by the 
British Government or its officers. So long as the English 
merchants carried on the smuggling successfully he would not 
listen to any request from the Chinese Government for his co- 
operation in suppressing the clandestine traffic, saying that 
he had no authority over that branch of traffic. 

Since 1834 the amount of opium smuggled into China had 
continued to increase in spite of the prohibitory enactments 
promulgated by the Chinese Government. The following 
table shows the annual increase. 10 

OPIUM TABLE 1834-1839 
Shipments to China in Chests 



YEAR 


KINDS OF OPIUM 






BENGAL 


MALWA 


TURKEY 


TOTAL 


1834-35 
1835-36 
1836-37 
1837-38 
1838-39 


10,207 
14,851 
12,606 
19,600 
18,212 


11,678 
15,351 
21,427 
14,773 

21,988 


743 


21,885 
30,202 
34,776 
34,373 
40,200 



The above table shows that the imports of opium steadily 
» Accounts and Papers, 1840, vol. 36, p. 26. 
io This is part of the table given on page 15. 



20 OPIUM TRAFFIC IN ITS INTERNATIONAL ASPECTS 

increased by nearly 4,000 chests a year. Nevertheless not all 
the smugglers were successful, for there were instances where 
opium was seized and burned by Chinese officers and the 
property of the offenders confiscated. 11 Opium smuggling was 
at this time carried on partly by small boats along the East 
coast, which frequently interchanged shots with Chinese offi- 
cers on shore, and partly by European passage boats belonging 
to the British owners — small craft lightly manned with Las- 
car seamen and furnished with a scanty armament " which 
may rather be said to provoke or justify search accompanied 
by violence, than to furnish the means of effectual defence". 12 
The Hong merchants offered to become surety for the ships 
that sailed to Canton ; the captain and consignee jointly signed 
the bond that no opium was carried on board ; but these meas- 
ures failed to curtail smuggling. 

Up to 1836 the Chinese authorities at Canton were not able 
to check the extensive opium-smuggling. In consequence of 
this, silver was constantly drawn out of the country in pay- 
ment for the smuggled opium, with the result that there was 
not sufficient silver in circulation. So there arose a difference 
of opinion as to what should be done respecting the opium 
trade. Should the traffic be legalized or still prohibited as 
before? There were several high officials who favored legal- 
ization. These were Heu Na-tsi, Vice-President of the Sacri- 
ficial Court; and the Governor, and the Lieutenant Governor 
of Canton. In a memorial to the Emperor, Heu Na-tsi, head- 
ing the legalization movement, expressed the opinion that it 
was impossible to cut off the trade because the native sea- 
going vessels could obtain opium from the foreign ships on 
the high seas, which could select any island near the coast as 
a depot for smuggling operations. He gave a concrete exam- 
ple in support of his position. 13 In this opinion the Governor 

ii Chinese Repository, 1834, p. 488; 1835, p. 103; 1838, p. 448. 

i 2 Captain Charles Elliot was the author for this statement which may 
be found in his despatch to Viscount Palmerston, Correspondence Relat- 
ing to China, 1840, p. 241. 

is Tsu E Nae Pan (a collection of classified memorials), book 3. 



TEE CRISIS 21 

and the Lieutenant Governor entirely concurred, adding that 
if legalization could be carried into effect millions of dollars 
which had constantly flowed out of the Empire would be 
saved. 14 A perusal of the memorials of the advocates of 
legalization shows that they based their proposal upon the 
supposed impossibility of suppressing the smuggling evil. 
They recommended the cultivation of the poppy and the 
preparation of opium by the natives as the most practical 
means of shutting out the importation of the foreign prod- 
uct. 15 

But the opponents of legalization seemed to have a better 
case, and undoubtedly to this is attributable their triumph in 
the legalization fight. One of the opponents, Choo Tsun, 
Councillor of State, in his memorial to the Throne said : ' ' The 
thing to be lamented is instability in maintaining the laws — 
the vigorous execution of them being often and suddenly 
exchanged for indolent laxity. But none surely would con- 
tend that the law, because in such instances rendered in- 
effectual, should therefore be abrogated". 16 Mr. Choo Tsun 
also pointed out that opium was so detrimental to the physical 
welfare of mankind that legalization was untenable from any 
point of view. 17 Mr. Heu Kew, another vigorous opponent, 
ascribed the failure of the prohibitory enactments to the 
conduct of the administrative officers charged with their en- 
forcement. With reference to the necessary reforms in the 
matter of suppression, he suggested: 

"We must, in the first place, make strict regulations for 
the punishment of offences and then we may turn to the wilful 
natives who sell the drug, the Hong merchants who are respon- 
sible for dealings with foreigners, the agents who purchase 

14 Tsu E Nae. Pan, book 4. 

is Tsu E Nae Pan, books 3 and 4. 

1 6 This quotation is taken from the translation by Dr. Morrison of 
Choo Tsun's memorial, and it may be found in Accounts and Papers, 
1840, vol. 36, p. 169. 

17 Tsu E Nae Pan, book 3. 



22 OPIUM TBAFFIC IN ITS INTEBNATIONAL ASPECTS 

wholesale, the boat-people who convey the drug, and the naval 
officers who receive bribes; and having with the utmost strict- 
ness discovered and arrested the offenders, we must inflict 
the severest punishments upon them." 18 

The arguments of both sides were passed upon and well 
weighed by the Emperor's Advisory Council, its conclusion 
was that legalization would enervate the whole people. The 
Council therefore recommended the rejection of the plan and 
the Emperor accepted this conclusion. The proposal of legal- 
ization thus came definitely to an end. 

Knowing that the plan of legalization was definitely reject- 
ed, the Canton Government now launched a vigorous cam- 
paign against foreign smugglers residing there. On October 
28, 1836, the Governor ordered a preliminary inquiry into the 
activities of Innes, Dent, Jardine and others, all foreigners, 
who were suspected of opium smuggling. In consequence, 
these foreigners, most of them Englishmen, were required to 
leave Canton, it having been shown that they were in the 
habit of combining with natives and with Hong merchants to 
dispose of opium. 19 

The policy of the Court at Peking was at first wavering 
and uncertain. The Court indeed went so far as to issue an 
Imperial Edict directing the Governor and Lieutenant Gov- 
ernor of Canton to deliberate upon the duty to be levied upon 
the importation of opium. 20 But, not long afterwards, the 
Peking Government determined to put a stop to the opium 
trade. On March 17, 1837, an Imperial Edict reached Can- 
ton, commanding Captain Elliot to send away all the opium- 
receiving ships anchored at Lintin and other places outside 
the port of Canton. According to the Imperial command, 
trade must thereafter be confined to dutiable articles, and the 
importation of contraband articles such as opium was for- 

is Tsu E Nae Pan, book 3. 

i© Accounts and Papers, 1840, vol. 36, pp. 182-187. 

20 This Imperial Edict has no date, but it may be found in Cor- 
respondence Relating to China, 1840, p. 235. 



TEE CB1SIS 23 

bidden. With reference to Captain Elliot's authority in the 
matter, the Imperial Edict says : 

"The English Superintendent Elliot, being authorized to 
direct even trifling matters, is so much the more called upon 
to interfere in an important matter, which, as it is contrary 
to the laws of China, 21 must be also obnoxious to the instruc- 
tions which the Superintendent has received from his own 
Government. The benevolence of the Emperor 22 is universal, 
but it can not suffer depraved foreigners to tempt natives to 
do evil." 23 

In reply, Captain Elliot stated that he was not sure whether 
the foreign ships anchored at Canton were British, and that 
he had no idea as to their pursuits. Even granted that those 
vessels were British and engaged in the illicit traffic, Captain 
Elliot said he could not send the ships away because "his 
commission extends only to the regular trade". 24 As the 
Governor of Canton pressed the matter a little further, Cap- 
tain Elliot replied that he had no authority to send the ships 
away, and that the Governor might adopt such effective or 
violent measures as he saw fit. 25 

Captain Elliot's reply, which seemed to the Chinese Gov- 
ernment to be evasive and unsatisfactory, prompted that Gov- 
ernment to adopt stringent measures against the illicit trade. 
Captain Elliot, in making his reply, apparently forgot that 
he had previously issued a public notice to British subjects to 
the effect that "the powers of the Superintendents of the 

21 The whole quotation is taken from Dr. Morrison 's translation, but 
the author deems it necessary to substitute the word China for the term 
Celestial Court which appeared in the original translation because that 
term is incomprehensible to a reader not versed in the use of Chinese 
expressions. 

22 The word Great preceding Emperor is stricken out from the original 
translation as it is meaningless. 

as Accounts and Papers, 1840, vol. 36, p. 234. 

24 Accounts and Papers, 1840, vol. 36, p. 240. 

»8 Accounts and Papers, 1840, vol. 36, p. 252. 



24 OPIUM TRAFFIC IN ITS INTERNATIONAL ASPECTS 

Trade of British subjects in China, over British subjects and 
ships", were ''extended so as to include Lintin and Macao", 26 
from which the Chinese Government had expected him to 
send all the ' store-ships ' away. Furthermore, he appears to 
have had much confidence in the ability of the English opium 
vessels successfully to resist the Chinese Government's pre- 
ventive craft. But he wrote to Viscount Palmerson, Secretary 
of State for Foreign Affairs, saying: 

"Her Majesty's Government can not interfere for the pur- 
pose of enabling British subjects to violate the laws of the 
country to which they trade. Any loss, therefore, which such 
persons may suffer in consequence of the more effectual execu- 
tion of the Chinese laws on the subject, must be borne by the 
parties who have brought that loss on themselves by their 
own acts." 27 

The crisis was rapidly approaching. The smuggling activ- 
ities continued to increase. 28 The Governor of Canton was 
severely censured by the Emperor for lax execution of the 
edicts and orders requiring more effectual prevention of the 
traffic. Then the Canton authorities began to act vigorously 
and relentlessly. Opium was seized at the Canton Customs 
House. Native offenders were executed, Hong merchants who 
gave bond for the ships were imprisoned and threatened with 
death, Innes and other notorious opium dealers were required 
to leave or to have their 'factories' 29 pulled down. 30 More- 
over, the local authorities, convinced that Captain Elliot had 
no intention of sending away the opium ships anchored at 
Lintin and other places outside the port of Canton, deemed it 
necessary to adopt the most effectual measures to prevent the 

26 Accounts and Papers, 1840, vol. 36, p. 147. 

27 Accounts and Papers, 1840, vol. 36, p. 258. 

28 As to the amount of opium smuggled since 1836, see the opium table 
on page 19. 

2 » The term factory designates those places at Canton where the for- 
eigners were allowed to establish their residences, 
so Accounts and Papers, 1840, vol. 36, p. 326. 



THE CBISIS 25 

smuggling in of their cargoes. Accordingly, the Governor of 
Canton on December i8, 1838, put into force a general stop- 
page of trade — a measure that dealt a severe blow to British 
commerce. 

Captain Elliot could no longer remain indifferent. So he 
took the matter in his own hands, and issued a public notice 
requiring that "All British owned schooners, cutters, and 
otherwise rigged small craft, either habitually or occasionally 
engaged in the illicit opium trade within the Bacco Tigris, 
should proceed forth of the same within the space of three days 
from the date of these presents, and not return within the said 
Bacco Tigris, being engaged in the said illicit opium trade". 
Captain Elliot warned British subjects that the British Gov- 
ernment would not interpose if the Chinese Government 
should seize and confiscate schooners, cutters, and other craft 
on finding that they were engaged in the opium trade, and 
that if British subjects should resist by force searches and 
seizures by Chinese officers, they were liable to the same conse- 
quences and penalties as if they had offered forcible resistance 
to officers of their own Government. 31 The Canton Govern- 
ment was satisfied with Captain Elliot's course of action and 
granted him powers for acting. In addition to this, the Can- 
ton Government consented to the re-opening of general trade. 
Thus the crisis seemed allayed. 

But so high a profit could be realized on smuggled opium 
that many desperate foreigners were determined to carry on 
a clandestine trade by any and all means. The delivery of 
opium was frequently attended with an interchange of shots 
between the Chinese Government forces and the smuggling 
English vessels. To all this Captain Elliot was fully alive, for 
he notified Viscount Palmerston, Secretary of State for For- 
eign Affairs, that "All these desperate hazards have been in- 
curred, my Lord, for the scrambling and comparatively con- 
sidered, insignificant gains of a few reckless individuals, 
unquestionably founding their conduct on the belief that they 

3i Accounts and Papers, 1840, vol. 36, p. 332. 



26 OPIUM TBAFFIC IN ITS INTEBNATIONAL ASPECTS 

were exempt from the operation of all laws, British or Chi- 
nese". 32 But, as Captain Elliot had refused to take a posi- 
tive stand against the opium trade, which was carried on 
chiefly by the English, until the action of the local authorities 
had practically forced him to do so, the Chinese Government 
suspected him of secretly encouraging the smugglers. 

In 1839 the Court at Peking, dissatisfied with the efforts of 
the Canton administration, despatched by special appoint- 
ment of the Emperor a High Commissioner, Mr. Lin Tseh-hsu, 
to Canton to push the anti-opium campaign vigorously. Be- 
fore assuming the post of High Commissioner Mr. Lin Tseh- 
hsu was Governor of Hu-Kwong (i. e., Hunan and Kwongsi), 
and his remarkable success in suppressing the organized ban- 
dits in these provinces led the Emperor to think that he was 
the only man capable of successfully grappling with the smug- 
gling problem. Mr. Lin was, however, too anxious, as shown 
by his later proceedings, to have the smuggling evil eradicated 
at once. 

On March 10, 1839, the High Commissioner arrived at 
Canton, where he seems to have pursued the course outlined 
by Heu Kew in his memorial to the Throne in 1836. 33 Heu 
Kew insisted that the Government must in the first instance 
turn against the natives and then against the foreign smug- 
glers. In accordance with this principle the High Commis- 
sioner framed strict administrative measures against the na- 
tives, and promulgated them on March 15, 1839. The procla- 
mation began with a strong denunciation of opium as a great 
evil, saying: 34 

"Although opium exists among the outside barbarians, 
none of them is, however, willing to smoke it ; but our fellow- 
citizens who are the most civilized are willing to part with 

32 Accounts and Papers, 1840, vol. 36, p. 327. 

as Tsu E Nae Pan, book 3. 

3* Han Tsen Hsu (Chinese State Papers edited by Shuck in both 
Chinese and English), pp. 7-9. The translation is made by the author 
himself. 



TEE CBISIS 27 

their money for a poison which will undermine their vitality. 
Opium may be likened to the stupefying medicines of kid- 
nappers and the poisonous drugs of sorcerers, all used by them 
in order to seize upon the property and destroy the lives of 
innocent individuals. Now your property is the means by 
which you support your life, and your specie which is by no 
means to be easily obtained you exchange for dirt and poison. 
It is ridiculous as well as lamentable ! ' ' 

In his proclamation the High Commissioner required all 
opium addicts within the Capital of Canton to cease to smoke 
opium within one month from the date of proclamation, and 
ordered all those outside Canton, within two months after the 
receipt of the proclamation, to deliver to the local authorities 
all smoking pipes and every description of smoking instru- 
ments. Offenders were to be severely dealt with according 
to law. 

In order to insure the execution of the anti-opium law, the 
High Commissioner introduced the mutual-security system 
which was in vogue under the Hsun Dynasty. Under this 
system five people must agree mutually to become surety for 
one another; in case any of these should be found guilty the 
rest were jointly responsible for the offence which the guilty 
one committed. The High Commissioner, however, made it 
clear that if any one of the five should not feel safe in acting 
as surety for the other four, he might make a declaration to 
that effect and thus relieve himself of any liability in the 
event of the other four being found guilty. The system ap- 
plied to the literati class, military and civil officers, advisers 
of high functionaries, soldiers and sailors, as well as to plain 
citizens. Landlords and hotel proprietors were to be respon- 
sible for the travellers or sojourners who stayed in their ho- 
tels, temples, or private houses. As the High Commissioner 
was despatched to Canton to prevent smuggling along the 
Canton River, so he elaborated a few stringent rules to bring 
the boat-people and the Hong merchants within the pale of 
law. According to his rules, passage boats, fishing boats, and 
all others which plied on the Canton River must be subjected 



28 OPIUM TRAFFIC IN ITS INTERNATIONAL ASPECTS 

to thorough, inspection by the harbor authorities. As to joint 
liability, five boats which had agreed mutually to become 
surety for one another must bear the consequences and pen- 
alties as provided for by law should any one of them be found 
guilty. The High Commissioner also required that all princi- 
pals and agents of the Hongs must be responsible for all the 
packing done at their warehouses. 35 

The above is, in brief, the internal policy of the High Com- 
missioner in his campaign against the natives. As to his pol- 
icy towards the foreign smugglers, he was not satisfied with 
the mere departure of the opium ships, but required that all 
opium must be surrendered by them to the Chinese authorities. 
So the High Commissioner issued on March 18, 1839, a procla- 
mation demanding surrender within three days of opium from 
foreign dealers. The proclamation says : 36 

"In former times, the prohibitory regulations issued by the 
Government were liberal enough to leave much room for 
smuggling, but now the Emperor is incensed at the relaxation 
hitherto tolerated and firmly determined to put a stop to the 
traffic. Natives dealing in opium or smoking it and propri- 
etors of opium shops are all punishable by death. When for- 
eigners come to our land, they implicitly consent to obey our 
laws just as if they were our citizens. It is, therefore, clear 
that you foreigners will be liable to our prohibitory laws to 
the same extent as the natives if you continue to deal in 
opium. 

"Thousands of chests are found in the 'store-ships' at Lin- 
tin, all ready for smuggling into the interior. Now the penal- 
ties against smuggling are so severe and the authorities keep 
so close a watch upon the smugglers that it is impossible even 
for the most skillful smugglers to carry out their adventures. 
It is the time for foreign dealers to surrender their opium' to 
the Chinese authorities with a statement showing the names 
of owners, number of chests surrendered, and the amount in 
each chest." 

In the High Commissioner's proclamation, it was admitted 

35 Han Tsen Hsu, pp. 1-79. 

36 The author does not like Mr. Shuck 's literal translation. So he 
made the translation himself. Han Tsen Hsu, pp. 84-99. 



THE CBISIS 29 

that the Chinese Government did not strictly enforce the anti- 
opium laws and regulations, but the High Commissioner at 
the same time pointed out that relaxation was no longer to be 
endured. In regard to his power and determination, the High 
Commissioner says: 37 

. "I received in person special instructions from the Throne 
and exercise a wide discretion in the matter of suppression. 
I swear not to return until the traffic is completely stamped 
out. I will stand or fall with my policy, and on no account 
will I swerve from my decision to end the traffic. 

1 ' The public opinion throughout the whole country is behind 
me. If foreign dealers still persevere in the illicit opium 
trade I will summon militarv and naval forces to enforce the 
law." 

In order to prevent further smuggling on foreign ships, 
the High Commissioner required of all foreign ships a bond 
stating distinctly that they carried no opium on board, and in 
the event of opium being found on board the cargo was to be 
confiscated and the individuals concerned immediately exe- 
cuted. 

In regard to the surrender of opium, no foreign dealers 
obeyed the High Commissioner 's commands. So on March 26, 
1839, the High Commissioner issued another proclamation 
urging the surrender of opium and giving reasons why it 
should be delivered up. In the first place, the High Commis- 
sioner stated that opium should be delivered up according to 
principles of equity and law. In the High Commissioner^ 
opinion, the foreign opium dealers were indirectly murdering 
the natives who suffered the death penalty in consequence of 
purchasing opium from them. The penalty for murder in 
China was death. The High Commissioner, therefore, stated 
that thereafter foreign dealers in opium must suffer capital 
punishment for murder if their guilt was established beyond 
doubt. 

The second reason of the High Commissioner was that the 

37 Tedious passages in the original proclamation are omitted by the 
author for the sake of terseness. Han Tsen Hsu, pp. 95, 96. 



30 OPIUM TBAFFIC IN ITS INTEBNATIONAL ASPECTS 

foreign merchants would surely lose a prosperous market in 
China if they insisted upon carrying on the illicit trade, be- 
cause the Chinese Government had decided to stop trade with 
all nations as the last step to wipe out opium smuggling. The 
High Commissioner called the attention of foreign opium 
dealers to the fair reward offered by him for voluntary sur- 
render of opium. 

In the third place, the High Commissioner frankly advised 
the foreign merchants that they would lose the confidence and 
good will of the natives if they did not give up the opium 
trade, because the Chinese people, now aware of the poisonous 
consequences of opium, would rise in indignation against all 
foreign merchants for forcing the illicit trade. In conclusion, 
the High Commissioner added that since opium was prohib- 
ited in foreign countries it was therefore useless for foreign 
merchants to take it back. 38 

The High Commissioner foresaw that foreign dealers would 
not voluntarily surrender opium, on the strength of his per- 
suasion. Therefore violent measures were necessary to carry 
out his determination. Accordingly, on March 19, 1839, the 
Canton Government forbade all foreigners to apply for leave 
to go down to Macao, 39 the object being undoubtedly to detain 
them as hostages for the required delivery of opium. This 
greatly offended Captain Elliot. On March 22, 1839, Captain 
Elliot issued at Macao a public notice that "All the ships of 
Her Majesty's subjects at the outer anchorages, should pro- 
ceed forthwith to Hong Kong, and, hoisting their national 
colors, be prepared to resist every act of aggression on the 
part of the Chinese Government". 40 The crisis was now ap- 
proaching its climax. 

In the meantime, the High Commissioner directed inquiries 
against foreign opium dealers at Canton, particularly Mr. 

38 Han Tsen Hsu, pp. 100-117. 

39 26th Congress, 1st Session, House Executive Documents, No. 119, 
p. 41. 

40 Accounts and Papers, 1840, vol. 36, p. 363. 



THE CBISIS 31 

Dent, whom Captain Elliot called "one of the most respected 
merchants at Canton". 41 According to the trustworthy in- 
formation of the Chinese Government, Mr. Dent was a large 
dealer in opium and served as a link between the * store-ships' 
at Lintin and the natives at Canton, and the High Commis- 
sioner, therefore, summoned Mr. Dent to answer the charges 
before his specially organized tribunal. 42 But Mr. Dent re- 
fused to attend the High Commissioner's tribunal. 43 There- 
upon the Canton Government, on March 25, 1839, besieged 
the whole foreign community at Canton including Captain 
Elliot who had repaired to that port for the purpose of re- 
lieving British subjects from danger. 

The purpose of the siege was to force the surrender of 
opium which the High Commissioner demanded in his procla- 
mation of March 18, 1839. Captain Elliot yielded to force 
and, on March 27, 1839, published a notice requiring all 
opium owned by the British or under their control to be deliv- 
ered to him to be forwarded to the Chinese Government. He 
also made it clear that, failing the surrender as required, Her 
Majesty's Government would be wholly free from all re- 
sponsibility or liability in respect to the British-owned 
opium. 44 Mr. P. W. Snow, American Consul at Canton, fol- 
lowed the example of Captain Elliot and, on March 29, 1839, 
issued an edict requiring the delivery of all American-owned 
opium to him, to be handed by him to the Chinese authori- 
ties. 45 In accordance with Captain Elliot's edict, 20,283 

4i Correspondence Relating to China, 1840, p. 357. 

42 The author is unable to prove whether Mr. Dent had any connection 
with the firm of Dent & Co. which was put on the list of claims against 
the Chinese Government for the opium surrendered. But at any rate 
Dent and Innes were undoubtedly engaged in the clandestine traffic. 
While Innes was proved guilty and was expelled from Canton, Dent had 
the good fortune successfully to conceal his wickedness and crime. Cf. 
Accounts and Papers, 1840, vol. 36, p. 420. 

43 Dent 's refusal was supported and encouraged by Captain Elliot. 
Cf. Accounts and Papers, 1840, vol. 36, p. 357. 

44 Accounts and Papers, 1840, vol. 36, p. 374. 

43 64. 1. House Executive Documents, no. 119, p. 33. 



32 OPIUM TRAFFIC IN ITS INTERNATIONAL ASPECTS 

chests of British opium were delivered to the Chinese Gov- 
ernment, and to these may be added 8 chests from Mr. Innes, 
thus making a total of 20,391 chests. The surrendered opium, 
valued at $10,000,000.00, was publicly burned by the Chinese 
Government under the personal direction of the High Com- 
missioner, Lin Tseh-hsu. 

The next step of the High Commissioner was to make sure 
that no opium was carried on board the foreign ships coming 
to Canton. With this in view the High Commissioner induced 
and required all foreign ships to sign the bond he prescribed. 46 
Among the foreigners, the Americans alone signed the bonds 
as required. 47 With reference to the bonds, Captain Elliot 
said that he had no power to sign them because they had rela- 
tion to the future and involved a "terrible responsibility ' '— 
so "terrible" that his own Sovereign would not dare to re- 
quire them. 48 Captain Elliot's refusal to sign the bonds to- 
gether with his unsatisfactory explanation gave the High 
Commissioner the impression that he was secretly behind the 
opium interests. 

In the meantime, the vigorous anti-opium campaign was 
still going on with added strictness and severity. On Sep- 
tember 12, 1839, the Spanish brig Bilbaino anchored in the 
Typa was burned by Chinese war boats on suspicion of having 
opium on board. In consequence of this, the Portuguese Gov- 
ernment of Macao issued an edict to confiscate all vessels 
anchored in the Typa having opium on board. All but one of 
the American vessels that brought opium to China sailed away 
in September of 1839, and Mr. P. W. Snow, the American 
Consul, notified the Canton Government that it was his firm 
conviction that there would not be a single American in the 
country in any wise engaged in the opium trade. 49 As to the 

46 As to the nature of the bond required, see, supra, page 29. 

*? 24. 1. House Executive Documents, no. 119, p. 67. Also Additional 
Papers Relating to China, 1840, p. 44. 

48 Accounts and Papers, 1840, vol. 36, p. 394. 

& 84th Congress, 1st Session, House Executive Documents, No. 119, 
pp. 83, 84. 



TEE CEISIS 33 

English opium vessels, there is much reason to believe that 
Captain Elliot purposely afforded protection to those engaged 
in the illicit trade and secretly backed them in their adven- 
turous enterprises by calling upon them to resist the action 
of the Chinese Government. 50 But Captain Elliot afterward 
seemed to be conscious of his fault, and to correct this he is- 
sued on September 11, 1839, a public notice requiring all 
commanders of British ships having opium on board to repair 
to his ship, Fort William, within 48 hours and make oath to 
that effect, and all vessels engaged in the opium traffic imme- 
diately to depart from Hong Kong and the East coast. 51 How 
far Captain Elliot carried out his wishes no records can show. 
As events progressed Captain Elliot's attitude towards the 
illicit traffic became more and more clear. He became con- 
vinced that violent action on the part of British officers was 
necessary in order to interfere with the vigorous prosecution 
of the anti-opium campaign. So Captain Elliot opened fire 
at Kowloon, on September 4, 1839, against the Chinese guard 
on shore who attempted to enforce the embargo on food. 52 On 
September 11, 1839, the port of Canton was blockaded by the 
English fleet. Captain Elliot again gave orders to open fire, 
on November 3rd, 1839, against twenty-nine Chinese war 
junks which approached the English fleet to obtain the sur- 
render of murderers of a native killed in an affray between 
English seamen and natives. In the meantime, Captain Elliot 

so Cf. supra, note 40. The British ships at the outer anchorages as 
referred to by Captain Elliot were undoubtedly the store-ships doing 
regular smuggling business at Lintin. It is thus clear that Captain 
Elliott encouraged the smugglers, to say the least. In his public notice 
Captain Elliot made no distinction between the ships engaged in legiti- 
mate trade and those in the illicit, he simply called all ships to resist 
visit and search by Chinese war junks. 

5i Accounts and Papers, 1840, vol. 36, p. 456. 

52 Captain Elliot sent men on shore to purchase food, and they suc- 
ceeded in obtaining it, but the Chinese military guard on shore forced 
the natives to take back the food they sold to the English. Thereupon 
Captain Elliot opened fire. 



34 OPIUM TRAFFIC IN ITS INTERNATIONAL ASPECTS 

desired to use the Portuguese possession, Macao, as a base for 
military operations against the Chinese anti-opium forces, 
and therefore offered money and service to the Governor of 
Macao, Adriao Accacio da Silva A. Pinto, under the pretext 
of joint defense against Chinese aggression. But his offer 
the Governor declined to accept, saying: "He (the Governor) 
can not cease to preserve the most strict neutrality between 
the two nations, the English with which his own has been so 
long and so intimately allied, and the Chinese, from motives 
well known to all". 53 

It is thus clear that Captain Elliot's aggressive action not 
only offended the Chinese Government but actually interfered 
with its vigorous anti-opium campaign. In addition to call- 
ing all English vessels to resist visit and search by Chinese 
cruising junks, Captain Elliot incorporated into his grand 
fleet the traitorous native vessels which took opium from the 
English store-ships. When Chinese officers attempted to in- 
spect and seize these traitorous native vessels, the English 
fleet opened fire to help them escape. 54 In spite of Captain 
Elliot's aggressive action the Chinese Government, however, 
endeavored to confine its action to the prevention of smug- 
gling, and still permitted the regular trade to be carried on 
outside the Bacco Tigris without signing the bonds, but on 
condition that trading vessels should be subject to inspection 
by the Chinese authorities. 55 But since this condition was not 
fulfilled, the High Commissioner, Lin Tseh-hsu, and the Gov- 
ernor of Kwongtung issued, on January 5, 1840, a joint proc- 
lamation declaring the trade with England at an end. Trade 
with other nations was still permitted on condition that they 
should in no wise afford secret protection to the English 
merchants. 56 

The High Commissioner listed five charges against Captain 

Rs Accounts and Papers, 1840, vol. 36, p. 445. 

»* Han Tsen Hsu, pp. 118-120. 

»5 Additional Papers Relating to China, 1840, vol. 36, passim. 

MHan Tsen Hsu, pp. 118-127. 



THE CEISIS 35 

Elliot; (1) that he prevented English vessels from signing 
the bonds as required, 57 (2) that he refused to surrender the 
murderers of a native, 58 (3) that he secretly sent for two 
cruisers, the Volage and Warren, to commence hostilities at 
Kowloon, 59 (4) that he opened fire to resist Chinese officers in 
their endeavor to obtain the surrender of English murder- 
ers, 60 (5) that he assisted both Chinese and English vessels 
to carry on their smuggling adventures. 61 Under such cir- 
cumstances the High Commissioner and the Governor stated 
that they would not memorialize the Throne in behalf of these 
wilful foreigners (English) even if they were willing to sign 
the bonds formerly required. 62 

The High Commissioner knew that the crisis was approach- 
ing its climax, yet he was confident that peaceful measures 
would prevent it. On March 12, 1840, he wrote an official 
letter to the Queen of England requesting Her Majesty's 
Government to cooperate in suppressing the opium trade. 
In his letter the High Commissioner says : 

"We have understood that in your kingdom the prohibition 
against the smoking of opium is of the sternest severity — a 
clear evidence that opium is exceedingly injurious to mankind. 
. . . . Suppose that individuals of other nations were to 
sell opium in your kingdom and to seduce your people to pur- 
chase and smoke it, you would be greatly incensed and would 
by all means stamp it out. We therefore expect you not to do 
us, what you would not like others to do you. 

"By introducing opium into our country your subjects 
have murdered our people by the hundreds. To check further 

s? As to Captain Elliot 's intention on this point, see, supra, p. 32. 

ft* See, supra, p. 33. 

88 See, supra, p. 33. Captain Elliot himself admitted that the opening 
of fire was his fault. Accounts and Papers, 1840, vol. 36, p. 446. 

60 Naval action between Chinese war vessels and English fleet took 
place at Chuenpe on November 3, 1839, Captain Smith being the first 
to open fire. 

•* See, supra, p. 34. 

«« Han Tsen Hsu, pp. 118-127. 



36 OPIUM TRAFFIC IN ITS INTERNATIONAL ASPECTS 

murder we have enacted a law to the effect that all foreigners 
conveying opium to our country will be hereafter strangu- 
lated. In doing this, we are sensible that we are wiping out a 
great evil for the world." 63 

The High Commissioner stated that if foreigners having 
opium in their possession would voluntarily surrender it to 
the Chinese authorities within one year and a half from April 
19, 1839, they would be pardoned. 64 But what the High 
Commissioner was most anxious about was that the British 
Government should enforce the opium prohibition not only 
within the United Kingdom but in the Far East so as to put a 
stop to the whole opium trade. The High Commissioner's 
request was ignored by the British Government. On April 
3rd, 1840, the British Government issued an Order in Council 
to commanders of the British ships of war to detain and bring 
into port all ships, vessels, and goods belonging to the Em- 
peror of China or his subjects or other persons inhabiting 
any of the Countries, Territories, or Dominions of China. 65 
Now war was inevitable. So the High Commissioner offered 
in July, 1840, liberal reward to persons who would arrest and 
kill English men and officers, or who would capture English 
merchant or war vessels or English cannon. 66 Thus the war 
commenced without formal declaration. 67 

The war lasted about one year and a half. China was de- 
feated. On August 29, 1842, a treaty of peace and friendship 
was signed by Chinese and British representatives. 68 The 
essential stipulations of the treaty were: (1) Five ports, 

63 The translation is made by the author himself ; irrelevant sentences 
are omitted from the original. Han Tsen Hsu, pp. 128-145. 

64 Han Tsen Hsu, p. 149. 

es China Papers (in British Accounts and Papers), 1840, vol. 36, p. 1. 

66 Han Tsen Hsu, Appendix. 

67 As to the military operations and the diplomatic negotiations dur- 
ing the war, see Wei Yuan's Shing Wu Kee, books 13 and 14. 

68 The full text of the treaty may be found in British Foreign and 
State Papers, vol. 30, pp. 389-392. 



TEE CBISIS 37 

Canton, Amoy, Fooehow, Ningpo, and Shanghai, were thrown 
open to foreign trade; 69 (2) the Island of Hong Kong was 
ceded to England for the purpose of giving British merchants 
a port to fit or refit their ships; 70 (3) $6,000,000 was to be 
paid by the Chinese Government for the value of opium sur- 
rendered to Chinese authorities in March, 1839 ; 71 (4) the 
Hong merchants were abolished and the Chinese Government 
was to pay $3,000,000, on account of debts due to British sub- 
jects by some of the Hong merchants who became insolvent; 72 
(5) China must pay a war indemnity of $12,000,000 from 
which may be deducted the sums which the British forces had 
received as ransom for cities and towns In China, subsequent 
to the first day of August, 1841. 73 

It is interesting to note that throughout the whole treaty 
nothing was said of the right of British subjects to trade in 
opium, nor was the right of the Chinese Government to pro- 
hibit the importation of opium questioned. It was, then, 
understood that opium was still on the list of contraband 
goods which the Chinese Government might seize and confis- 
cate whenever they were found within its jurisdiction. But 
in view of the unhappy experience of the Opium War the 
Chinese Government deemed it unwise to enforce the prohi- 
bition on account of lack of military strength. Although 
opium could be landed on Chinese soil without molestation, 
yet there was a strong legal objection to its open importation 
because it was still under the ban. 

The next step of the British Government was to legalize the 
traffic, so that opium might be freely imported into China 
without any legal objection. The arguments put forward 
were (1) that China was not strong enough to extirpate the 
evil of opium smuggling, and (2) that the Chinese Govern- 
ed Article II. 
70 Article III. 
7i Article IV. 

72 Article V. 

73 Article VI. 



38 OPIUM TBAFFIC IN ITS INTERNATIONAL ASPECTS 

ment could gain a large revenue by the admission of the drug. 
But at the same time the British Government did not wish 
itself to be understood as encouraging the opium trade. In 
1843 Lord Aberdeen said: 

"Her Majesty's servants in China should hold themselves 
aloof from all connections with so discreditable a traffick. 
The British opium smuggler must receive no protection or 
support in the prosecution of his illegal speculations ; and he 
must be made aware that he will have to take the consequences 
of his own conduct." 74 

Lord Aberdeen also offered assistance in suppressing smug- 
gling at Hong Kong if China still insisted upon the continu- 
ance of the prohibition. But, in explaining why the British 
Government could not cooperate with China in preventing 
the illicit opium trade, Lord Aberdeen said: "Her Majesty's 
Government, however well disposed they might be to put a 
stop to the traffic being carried on by the British subjects, 
have not the means of doing so, and even if they had, would 
be unable to prevent the introduction of opium into China by 
the subjects or citizens of other Powers". 74 * Nevertheless, the 
enforced surrender of opium in 1839 by Captain Elliot shows 
that the British Government had the means of compelling 
British merchants to surrender opium and hence the means 
of stopping the trade. As to the other nationalities engaged 
in the illicit traffic, it may be said that they were quite few 
and made no effort to defy the Chinese authority. 745 It is 
thus clear that the assertion of the British Government that 
it had not the means of stopping the trade was simply a subtle 

74 Lord Aberdeen to Sir Henry Pottinger, January 4, 1843, Foreign 
Office, No. 7. 

74a Lord Aberdeen to Sir Henry Pottinger, January 4, 1843, Foreign 
Office, No. 7. 

74b The Americans signed the bonds, supra, p. 32 ; the Portuguese 
Government issued an edict to confiscate all opium ships lying in the 
Typa. This shows that Americans and Portuguese were law-abiding 
foreigners. 



THE CBISIS 39 

evasion which was characteristic of the whole British official 
course in the opium controversy. 

After the Opium War China was fully sensible that she 
could not effectually suppress opium without provoking grave 
international complications. She then entertained the idea 
that, by treating the drug as a legitibate article of commerce, 
she could not only gain a large revenue but could to a great 
extent shut out foreign opium, since legalization would enable 
natives to cultivate the poppy and prepare enough opium for 
home consumption. Accordingly, in an agreement made be- 
tween Great Britain and China in 1858, the Chinese Govern- 
ment admitted opium as a dutiable article, henceforth free 
from all other legal restrictions. 75 

Rule 5 of the agreement says : ' ' Opium will henceforth pay 
30 taels per picul import duty. The importer will sell it only 
at the port. It will be carried into the interior by Chinese 
only and only as Chinese property; the foreign trader will 
not be allowed to accompany it". Opium was henceforth 
subject to such transit dues as the Chinese Government might 
see fit to impose, but the agreement expressly provided that 
in future revision of the tariff, the same rule of revision 
should not be applied to opium as to other goods — a condi- 
tion that deprived the Chinese Government of the power to 
deal with the opium question in the ordinary way. 75 

As to the cause of the war, it is plain that Lord Napier's 
defiant proceedings in China excited the prejudice and dis- 
trust of the Chinese Government and sowed enough seeds for 
later friction, 76 and that Captain Elliot's aggressive action at 
Kowloon and Cheunpe compelled China to defend herself by 
the sword 77 It may be contended that the High Commis- 
sioner's violent measures such as the compulsory delivery of 
opium interfered too much with the regular trade, yet that 

76 This agreement was concluded on November 8, 1858, British Foreign 
and State Papers, vol. 48, pp. 58, 60. 

76 Supra, pp. 16-19. 

77 Supra, p. 33. 



40 OPIUM TRAFFIC IN ITS INTERNATIONAL ASPECTS 

measure seemed to be the only practical means of reaching 
the evil at its source. 78 Since the opium smuggling business 
was always interwoven with the regular trade, it was impos- 
sible for the Chinese Government to carry out its anti- 
campaign without restricting the legitimate trade to a certain 
extent. 79 As to the attitude of the British Government to- 
wards the opium traffic, it is plain that Captain Elliot sec- 
onded by his Government stood behind the opium interests 
throughout the whole controversy, although neither he nor 
his Government professed to do so. In 1841 when the war 
was on, the English fleet publicly advertised the sale of opium 
along the Canton River. 80 

^s Supra, p. 31. 

79 Opium smuggling was always carried on in European passage boats, 
see, supra, p. 20. 

so Wei Yuan's Shing Wu Kee, book 14, or Parker *s translation en- 
titled "Chinese Account of the Opium War", 1888, p. 30. 



CHAPTER III 

The New Crusade (1880-1906) 

After the war of 1840 Chinese statesmen clearly understood 
that China was helpless in her endeavor to stamp out the 
scourge of opium within her own borders, and that any at- 
tempt at suppression of the evil would be worse than futile 
because it would kindle the old feud between China and Eng- 
land. Accordingly, the Chinese Government unwillingly 
legalized opium as a legitimate article of commerce with a 
view to counteracting the importation of foreign opium. 1 In 
consequence of legalization, not only was opium imported 
from without but the poppy was extensively cultivated with- 
in, with the result that the opium evil spread over the whole 
country, permeated all strata of society and debauched no 
fewer than 8,000,000 of the adult population of the Empire. 2 

In view of China's legalization of opium in 1858, it might 
be supposed that this measure was demanded or acquiesced 
in by all nations having commercial relations with China. 
But there was one nation that stood aloof from the nefarious 
traffic and prohibited its citizens to engage therein. This 
nation was the United States. On November 17, 1880, the 
United States and China concluded a treaty whereby citizens 
or subjects of the one were prohibited to import opium into 
the territory of the other. To carry this treaty into effect 
Congress passed on February 23, 1887, an act of which sec- 
tion 3 provides for forfeiture, by the consular courts of the 
United States, of opium illegally imported into China by citi- 
zens of the United States. In pursuance of this provision the 
Department of State rendered a decision to the effect that the 

i See, supra, p. 39. 

2 China Papers, No. I, 1908, no. 3. 

41 



42 OPIUM TRAFFIC IN ITS INTERNATIONAL ASPECTS 

illegally imported opium should be confiscated and delivered 
to the Chinese authorities; but under no circumstance can 
the seized opium be released, even if the defendant charged 
with the illegal importation of it be acquitted. 5 

After 1858 the United States was the only nation that pro- 
hibited its citizens from importing opium into China — a 
proof that the United States was not in favor of legalization. 
On its part, the Chinese Government was rather inactive, as 
if it had no concern with the opium scourge. Large quanti- 
ties of Indian opium were imported; a still larger quantity 
was produced by the natives. Here it may be asked why 
China made no laws to prohibit the cultivation of the poppy 
within her territory if she regarded opium as a great evil. 
The answer is that the prohibition would be of no avail, with 
Chinese ports compelled to remain open to the opium trade. 

No doubt the Chinese Government could easily have made a 
law to prohibit the native production, but so long as foreign 
opium was permitted to enter Chinese territory and to be 
sold there the consumption of the drug would not be appreci- 
ably curtailed. The prohibition of native opium would only 
make a wider market for Indian opium. Foreign opium as 
well must be prohibited in order to stamp out the evil. But, 
since China was bound by treaty obligations, 6 she could not 
prohibit the importation of foreign opium unless she could 
secure the consent and cooperation of the Powers concerned. 
The Power most interested was England. China must, there- 
fore, seek her favor and cooperation. 

5 As to section 3 of the act of February 23, 1887, the Chinese Minister 
at Washington protested against this provision on the ground that it 
constituted "an interference with the regulations of Customs and the 
right of local self-government of China". The Department of State, 
however, insisted that a distinction should be drawn between mere confis- 
cation cases under the revenue laws and penal charges against indi- 
viduals, and that the provision under consideration interfered in no wise 
with the right of the Chinese Government to seize and confiscate contra- 
band goods. See Moore 's International Law Digest, vol. II, pp. 651, 652. 

6 As to the treaty obligations, see, supra, p. 39. 



TEE NEW CBUSADE 43 

The Government of India relied and still relies upon opium 
as a principal source of revenue. Any action on the part of 
China to curtail the importation of opium into her territory 
would certainly provoke bitter complaint from the Govern- 
ment of India because, as China was a large customer of 
Indian opium, such action would undoubtedly cut down the 
exportation of opium from India and thus reduce the revenue 
of the Indian Government. China must, therefore, approach 
the Indian Government in the first place and find out its atti- 
tude towards the opium traffic before formulating any def- 
inite policy. With such a purpose in view, Mr. Tong Shao-yi, 
then Vice-President of Foreign Affairs, visited India in 1905 
and had conversations with high functionaries of the Indian 
Government in regard to the opium traffic. As a result of 
these conversations, Mr. Tong came to the conclusion that 
India was prepared to dispense with the opium revenue, and 
informed the Chinese Government that "It was the Chinese 
craving for the drug, and not England's desire to force it 
upon China, which was responsible for the continuance of the 
traffic". 7 With this encouraging information at hand China 
vacillated no longer and embarked upon the scheme of com- 
plete eradication. 

Accordingly, on September 20, 1906, the Chinese Govern- 
ment issued an edict to root out the opium evil within ten 
years. " Since the restrictions against the use of the drug", 
says the preamble of the Imperial Edict, "were removed, the 
poison of the drug has practically permeated the whole of 
China ". "The opium smoker", to quote further, "wastes 
time and neglects work, ruins his health, and impoverishes his 
family, and the poverty and weakness which for the past few 
decades have been daily increasing amongst us are undoubt- 
edly attributable to this cause". The Imperial Edict con- 

7 That England forced the opium traffic upon China was universally 
recognized in China as well as elsewhere. Mr. Tong, however, denied 
the truth perhaps with a view to pleasing the British Government. Cf. 
China Papers, No. 1, 1908, no. 2. 



44 OPIUM TRAFFIC IN ITS INTERNATIONAL ASPECTS 

eludes that "it is hereby commanded that within a period of 
ten years the evils arising from foreign and native opium be 
equally and completely eradicated". 8 

Shortly after this Imperial Edict was promulgated in the 
Official Gazette, Sir J. Jordan, British Minister at Peking, 
brought it to the knowledge of Sir Edward Grey, Secretary of 
State for Foreign Affairs, informing the latter of China 's 
new effort to put an end to the evil. The attitude of the 
British Government towards the new efforts of the Chinese 
Government was friendly and encouraging. Sir Edward 
Grey is quoted as having said that "though an interference 
with the import of opium into China would involve a great 
sacrifice of Indian revenue, that would not prevent the Brit- 
ish Government from considering the question or incurring 
some sacrifice if it was clearly proved that the result would 
be to diminish the opium habit". Sir Edward Grey further 
stated that if China should really contemplate measures for 
restricting or stopping the consumption of opium within her 
borders, "it would be a thing we should encourage". The 
same diplomatist, however, made it clear that the British 
Government would not agree to any arrangement for the re- 
striction of opium if China was simply to prevent he impor- 
tation of foreign opium in order that Chinese producers 
might grow more opium and realize a higher price for it. 9 

The view of the British Government as expressed by Sir 
Edward Grey apparently opened the door to negotiations for 
an arrangement to restrict the import of Indian opium into 
China. The Chinese Government, however, did not begin 
negotiations until January 26, 1907, when it presented 
through its minister at London six formal proposals to the 
British Government, requesting the latter to consent thereto. 

In the first place, the Chinese Government proposed that 
the amount of opium imported from India be reduced by one- 
tenth every year, starting from January, 1907, so as to assure 

s China Papers, No. I, 1908, Inclosure in no. 3. 
9 China Papers, No. I, 1908, no. 2. 



THE NEW CEVSADE 45 

total eradication within the period of ten years, the basis for 
the proposed reduction being the average amount of opium 
imported into China from 1901 to 1905. 

In the second place, the Chinese Government expressed its 
desire to send a Chinese official to Calcutta, India, which was 
the center of export trade in Indian opium, "to take note of 
the quantities of opium sold at auction, packed into balls, and 
exported into China." 

Thirdly, the Chinese Government requested the British 
Government to consent to doubling the import duty upon 
Indian opium by raising it to 220 taels a picul. In connection 
with this proposal, the Chinese Government stated that the 
excise duty on native opium was raised from 60 to 115 taels a 
picul, while on Indian opium, which was twice as strong as 
the native drug, the duty was only 110 taels ; that "this cheap- 
ness of Indian opium, combined with its extra strength, will 
aggravate the vice of opium-smoking, and so defeat the policy 
of prohibition", and finally that "in doing this, the Chinese 
Government is not actuated by any desire of increasing its 
revenue, but simply by the hope of bringing about a diminu- 
tion in the number of opium smokers". 

Fourthly, the Chinese Government proposed that the Gov- 
ernor of Hong Kong should be requested to help prevent the 
raw and prepared opium from entering Chinese territory and 
to levy a high duty upon such prepared opium entering 
China. In an explanatory note, the Chinese Government 
stated that large quantities of prepared opium were produced 
in Hong Kong and thence exported into China, and that sup- 
pression of native opium would be undoubtedly a strong in- 
centive to producing more prepared opium in Hong Kong and 
exporting it into China. 

In the fifth place, the Chinese Government expressed its de- 
sire that the supply of opium to hotels, restaurants, tea shops, 
brothels, and other public resorts in the ' ' foreign settlements ' ' 
should be prohibited and the opium dens be closed. The Chi- 
nese Government also requested the British Government to 
' ' inquire into these matters and to instruct the proper author- 



46 OPIUM TRAFFIC IN ITS INTERNATIONAL ASPECTS 

ities to assist the Chinese officers in enforcing- the new regula- 
tions 10 for dealing with the opium traffic". 

Sixthly and finally, the Chinese Government requested the 
British Government to enforce Clause XI of the Mackay 
Treaty 108 which prohibited the importation of morphia and 
the instruments for its injection (prohibition to take effect as 
soon as all other Treaty Powers consent thereto), inasmuch as 
the condition for the enforcement of this clause was nearly 
fulfilled. 11 

The British Government did not make any formal reply to 
the six Chinese proposals until more than seven months had 
elapsed, the delay being due to the necessity on the part of 
the British Government of consulting the Government of In- 
dia. On August 12, 1907, Sir J. Jordan, British Minister to 
China, presented to the Chinese Government the opinions of 
his Government on its proposals. As regards the first Chinese 
proposal, the British Government made, on suggestion of the 
Indian Government, a counter-proposal to the effect that, in- 
stead of restricting the import of Indian opium by China, the 
Government of India would be willing to reduce of its own 
accord the export of opium from India to countries beyond 
the seas by 5,100 chests a year, starting from January 1, 1908, 
to the end of 1910, the basis for the reduction being the aver- 
age amount of Indian opium exported to China for the years 
1901-1905. The British Government also expressed its will- 
ingness to continue in the same proportion this annual dimin- 
ution in the export after 1910 if the Chinese Government 

1( > As to the substance of these regulations, see, infra, pp. 53-57. 

ioa in 1902 Great Britain concluded with China a treaty generally 
known as the Mackay Treaty because it was negotiated and signed by 
Sir James L. Mackay, Special Commissioner for the British Government. 
See W. W. Roekhill's Treaties and Conventions with or concerning 
China and Korea, 1894-1904, pp. 102-120. 

ii The condition here referred to is that the prohibition will not come 
into operation between Great Britain and China until the other Powers 
having treaty relations with China assent to the enforcement of the 
prohibition. 



THE NEW CBUSADE 47 

should duly carry out within this period of three years its 
edicts and regulations for diminishing the production and 
consumption of opium in China. In addition to this, the Brit- 
ish Government proposed that the restriction of the import of 
Turkish, Persian and other opium should be separately ar- 
ranged but carried out simultaneously. 

To the second Chinese proposal, the British Government re- 
plied that no objection would be raised to the despatching by 
the Chinese Government of a Chinese official to Calcutta, 
provided this official had no power of interference. 

As to the third Chinese proposal, the British Government 
was strongly opposed to the doubling of the import duty on 
Indian opium, but suggested that foreign opium should be 
subject to as heavy a tax as native. The British Government 
also refuted the assertion that Indian opium was twice as 
strong as native, "since the methods of cultivation in China 
are said to have been much improved in recent years". 12 

In regard to the fourth Chinese proposal, the British Gov- 
ernment agreed to the prohibition of import and export in 
prepared opium between Hong Kong and China, and also 
suggested that each Government should take precautionary 
measures to prevent smuggling into its own territory. 13 With 
reference to the fifth Chinese proposal, the British Govern- 
ment expressed the view that if the Chinese authorities would 
take measures for the prohibition of opium dens and the in- 
spection of shops for the sale of opium beyond the limits of 
Foreign Settlements or Concessions, the municipal authori- 
ties of such localities should also take effective measures, on 
their own initiative, without awaiting the request to do so 
from the Chinese authorities. 

The sixth Chinese proposal related to the enforcement of 
the prohibition of morphia, and the British Government, in 
re ply» gave the assurance that it would cooperate with the 
Chinese Government in carrying out this prohibition "as 

13 China Papers, No. I, 1908, inclosure in no. 20. 
is China Papers, No. I, 1908, inclosure in no. 23. 



48 OPIUM TBAFFIC IN ITS INTERNATIONAL ASPECTS 

soon as the consent of all other Treaty Powers has been ob- 
tained". 14 

In connection with the first British counter-proposal, it may 
be said that the British Government had little confidence in 
China 's ability to eradicate the opium evil completely within 
a period of ten years, and, for this reason, it was unwilling to 
wait ten years in order to see China 's success or failure in the 
experiment. The British Government made this proposal 
upon suggestion of the Indian Government, which said that 
the Chinese proposal " would commit India irrevocably and 
in advance of experience to the suppression of an important 
trade, and goes beyond the underlying condition of the 
scheme". 15 The British Government, or rather the Govern- 
ment of India, was loath to sacrifice the opium trade in favor 
of China's experiment which might terminate in complete 
failure. It therefore proposed to make the experimental pe- 
riod as short as possible. 

Sir J. Jordan also doubted whether China could succeed in 
her new attempt to suppress the opium evil. On this point 
he said : 

"It is true that the Chinese Government have in recent 
years effected some far-reaching changes of which the aboli- 
tion of the old examination system is perhaps the most strik- 
ing instance, but to sweep away in a decade habits which have 
been the growth of at least a century and which have gained 
a firm hold upon 8,000,000 of the adult population of the 
Empire is a task which has, I imagine, been rarely attempted 
with success in the course of history ; and the attempt, it must 
be remembered, is to be made at a time when the Central Gov- 
ernment has largely lost the power to impose its will upon 
the provinces. ' ' 16 

The Chinese Government accepted the first British counter 
proposal that the Indian Government would itself undertake 
to restrict the export of opium from India to countries be- 

i* China Papers, No. I, 1908, inclosure in no. 20. 
is China Papers, No. I, 1908, no. 13. 
i« China Papers, No. I, 1908, no. 3. 



THE NEW CRUSADE 49 

yond the seas. As to the length of time for such restriction, 
the Chinese Government expressed the view that "the 
Board 17 are willing to accept the present proposal of His 
Majesty's Government to put the arrangement permanently 
into effect for a term of three years, with the proviso that, if 
during that period the Chinese Government shall have duly 
carried out arrangements on their part for diminishing the 
production and consumption of opium in China, His Majesty's 
Government undertake to continue in the same proportion this 
annual diminution of the export after the three years' trial 
period". 18 The Chinese and British Governments agreed 
that the reduction in the export of Indian opium should begin 
from January 1, 1908. 19 In conclusion, the Chinese Govern- 
ment assured the British Government that the importation of 
Turkish, Persian and other foreign opium would be restricted 
or prohibited in the same way. 20 

As a result of negotiations between the Chinese and British 
Governments, the arrangements finally agreed to were sub- 
stantially as follows: 

(1) The British Government agreed for a term of three 
years, beginning with January 1, 1908, to reduce the annual 
export of Indian opium to countries beyond the seas by 5,100 
chests (equivalent to one-tenth of the average annual amount 
of Indian opium imported into China from 1901-1905), so 
that the export should be 61,900 chests in 1908, 56,800 chests 
in 1909, and 51,700 chests in 1910. If during this period the 
Chinese Government should carry out its part of the mutual 
undertaking, the British Government promised to continue 
the same annual reduction after 1910. Both Governments 
further agreed that the restriction of Turkish, Persian, and 
other foreign opium should be dealt with and carried out 
simultaneously. 

1? This Board was the Emperor's executive council and somewhat like 
the Imperial Chancellor's Cabinet of the Former German Empire. 

is China Papers, No. I, 1908, inclosure in no. 29. 

19 China Papers, No. I, 1908, no. 30. 

20 See, supra, note 18. 



50 OPIUM TBAFFIC IN ITS INTERNATIONAL ASPECTS 

(2) The British Government consented to the despatch of 
a Chinese official to Calcutta to watch the opium auction and 
the packing with a view to ascertain the exact quantity ex- 
ported, with the proviso that this official should have no 
power of interference. This was agreed to by China. 

(3) Both the Chinese and British Governments agreed 
that each Government should take effective measures to pro- 
hibit the trade in boiled opium between China and Hong 
Kong, and that each Government should prevent the smug- 
gling of such opium into its own territory. 

(4) The British agreed to instruct the municipal author- 
ities of the Foreign Settlements at Treaty Ports to prohibit 
and close all opium shops, opium dens and all other publie 
resorts supplied with opium within such Settlements, pro- 
vided the Chinese authorities had taken effective measures 
beyond the limits of the Settlements. 

Of the four agreements the most important is the first 
which, while it purported to reduce the export from India, 
left China powerless to restrict the importation of foreign 
opium at the Treaty Ports. This alone could defeat China's 
policy of prohibition. The reason is obvious. Under the 
operation of the Imperial Edict of 1906 and the regulations 
subsequently promulgated the production of native opium 
was bound to decrease; this decrease would certainly raise 
the price of the drug, and the high price would in turn induce 
the importation of foreign opium in large quantities. During 
the years from 1901 to 1905 China imported as a matter of 
fact only 42,327 chests (of 120 catties each) a year from India 
according to the Chinese Trade Returns. 21 As China had no 
power under the agreement to restrict the importation of 
foreign opium at Treaty Ports, the import of Indian opium 
would probably increase in the event of the price of the drug 
there being inflated. While the annual import of Indian 
opium into China amounted to only 42,327 chests a year from 
1901 to 1905, the official figures of the Chinese Customs 
authorities tend to show that the average annual import from 

2i China Papers, No. I, 1908, inclosure in no. 29. 



THE NEW CBUSADE 51 

1908 to 1910 increased to 44,189 chests — an advance of 
almost 2,000 chests a year. 22 The increase was of course at- 
tributable to the inflated price of opium in China, but it is 
nevertheless clear that China received no benefit from the 
agreement of 1907 so far as the importation of opium is 
concerned. 

The withholding of the right to prohibit the importation at 
Treaty Ports was a serious handicap to the Chinese Govern- 
ment in its active campaign against opium, and was respon- 
sible for the delay in its success. Happily, the Chinese Gov- 
ernment demonstrated its ability to stamp out the evil and 
thus induced the British Government to consent, though re- 
luctantly, to an arrangement whereby the importation of In- 
dian opium into China was to cease in 1917. 23 

22 As to the number of chests imported in each year, see Annual Be- 
turns of Trade published by the Chinese Maritime Customs authorities, 
vols. 1908, 1909, 1910. In 1908 the import amounted to 48,315 chests; 
in 1909 it increased to 48,893 chests; but in 1910 it decreased to 35,350 
chests, the average import being 44,189 chests a year. The decrease was 
due partly to the extensive smuggling carried on between Hong Kong 
and the adjacent coast above and below Canton and at other ports, and 
partly to the stringent measures adopted by the Chinese Government to 
curtail consumption in the interior of China. As to extensive smuggling, 
see Statistics of British India, vol. II, 1918, p. 171, note 1. ' ' All opium 
imported into China reaches through Hong Kong and Shanghai'', ibid. 
The import of Indian opium into Hong Kong amounted to 32,113 
chests in 1910. See, Statistics of British India, op. cit. p. 170. The bulk 
of this vast amount of opium was no doubt smuggled into the adjacent 
provinces. So long as Indian opium could be easily smuggled into China 
through Hong Kong or Shanghai, it of course would not pass the Chi- 
nese Customs which collected an import duty of 110 taels per pieul. 
The official figures of the Chinese Maritime Customs therefore do not 
represent the actual amount imported. Nominally, the import of Indian 
opium decreased in 1910, but the actual amount imported was no doubt 
considerably larger. Had smuggling been made difficult or impossible, 
there is reason to believe that the Chinese Maritime Customs authorities 
would have recorded a considerably larger number of chests imported in 
1910. 

23 See, infra, pp. 66, 67. 



CHAPTER IV 
The Success of the Crusade (1907-1913) 

When the Chinese Government issued on September 20, 
1906, its Edict to stamp out the opium evil within ten years, 
both Sir J. Jordan, the British Minister at Peking, and the 
Indian Government doubted whether China could succeed in 
the new crusade ; x but in spite of all the difficulties and 
Obstacles in the way of eradication China was quite success- 
ful in cutting down the production of opium as well as its 
consumption. In his report of 1907 Mr. Leech, Councillor of 
British Legation at Peking, said: "China has not hesitated 
to deal with a question which a European nation, with all the 
modern machinery of government and the power of enforcing 
its decisions, would probably have been unwilling to face. 
The amount of success (and it is appreciable) which has 
hitherto been obtained produces the impression that the task 
which the Government has undertaken can be fulfilled". 2 
Indeed, China's success was a surprise to the whole world, 
and the success may be said to be attributable to the adminis- 
trative measures which the Chinese Government adopted in 
pursuance of the Imperial Edict of September 20, 1906. 

Ever since the legalization of opium in 1858 the poppy had 
been extensively cultivated in many parts of China, notably 
in Szechwan, Manchuria, Yunnan, Kweichow, Shantung, and 
Chili. Among these opium producing provinces Szechwan 
was the largest and produced the largest amount of opium. 
According to Mr. Leech's report of 1907, Szechwan produced 
200,000 piculs; Yunnan 30,000 piculs; Manchuria 15,000 pi- 
culs; Kweichow 15,000 piculs; Shantung 10,000 piculs; Chili 

i Cf . supra, p. 48. 

2 Leech's Report of 1907, p. 31. 
52 



THE SUCCESS OF THE CRUSADE 53 

10>000 pieuls. 3 As to the actual amount consumed, no reli- 
able statistics are available, but it may be said that the 
amount was undoubtedly large, probably over 200,000 piculs 
a year. 4 Restriction of the production of native opium and 
the curtailment of its consumption were the two knotty prob- 
lems China must tackle in the first place. Curtailment of 
consumption was primarily an administrative problem, but 
to reduce production, especially in a short period, was rather 
difficult inasmuch as it involved delicate economic consider- 
ations. In certain parts of China such as Szechwan, Yunnan 
and Kweichow, the soil seemed most suited to the cultivation 
of opium and afforded a lucrative form of agriculture for the 
farmers. Prohibition of poppy-cultivation in these provinces 
would mean a great loss to the farmers, and a sudden and 
complete stoppage might provoke an uprising against the Gov- 
ernment. This was one of the chief reasons why China 
adopted the policy of gradual prohibition instead of wiping 
out the evil by a sudden blow. 

In November of 1906 the Chinese Government elaborated 
certain administrative measures to carry the prohibition 
into effect. These measures as finally adopted were designed 
to reduce cultivation on the one hand and consumption on 
the other. 48 As regards the restriction of cultivation, the 
Viceroys and Governors of the provinces were at first called 
upon to instruct the magistrates of departments and districts 
to report on the actual area of land under cultivation. Under 
the regulation no land could be used for cultivation unless 
hitherto so used. As for the land, hitherto under cultivation 
special title deeds must be obtained from the local authori- 

a See the map and illustration in Leech 's Eeport of 1907. 

« Although Szechwan alone raised this amount, a considerable portion 
was exported to Formosa, French Indo-China, and other adjacent coun- 
tries. 

*a The text of the regulations may be found in The China Year Book, 
1912, pp. 425-428. 



54 OPIUM TRAFFIC IN ITS INTERNATIONAL ASPECTS 

ties. 4b And the area of such land was to be reduced progres- 
sively by one-ninth a year. 5 

All opium smokers must report the fact at the local magis- 
trate's office and fill up a form specially provided for the 
purpose. After that was done certificates would be issued by 
the local magistrates certifying that such smokers could pur- 
chase opium. Certificates were of two kinds, one for those 
over 60 years of age and the other for those under that age. 6 
When the latter reached 60 years they could not obtain any 
certificate. Persons buying opium secretly without the cer- 
tificate were to be punished according to law. Local magis- 
trates were required to report the registration to high author- 
ities. 7 Opium smokers were required not only to register but 
to reduce the quantity of smoking gradually, by two-tenths or 
three-tenths a year. Should they be able to get rid of the 
habit and obtain assurances from their neighbors that they 
would never indulge in the habit again, they must report the 
whole matter to the local magistrates, and their names would 
be erased from the book of registration. Persons who failed 
to give up the practice within the period prescribed were to 
be severely punished according to their respective professions 
or social standing. 7 

In connection with this step the Government decided that 
all public opium divans or dens where opium was openly 
consumed must be closed within six months, in order to show 
that the Government was after the smokers more vigorously 

*b The special title deeds here referred to are licenses in the sense that 
without them the landlord could not go ahead to cultivate the poppy; 
but the term differs from license in other respects. Should the landlord 
violate any condition laid down in the deeds, his land under cultivation 
would be forfeited to the Government. 

o Article I. 

<* Throughout the opium campaign the Chinese Government showed 
leniency towards old-aged people on account of the fact that these people 
eould not give up the habit without suffering extreme pain or even death* 

7 Article III. 



THE SUCCESS OF THE CBUSADE 55 

than ever. 8 Under this regulation, restaurants and bars were 
forbidden to keep opium for the use of their customers, nor 
could the customers bring in opium pipes in order to smoke 
opium in these places. The sale of opium pipes, opium lamps, 
and other utensils for opium smoking was prohibited. 

In order to restrict consumption effectively the Government 
deemed it necessary to control the sale of opium. According- 
ly, the Government required that all opium shops must be 
registered at the offices of local authorities, and that to carry 
on their business such shops must secure permits or licenses 
from the Government. Whenever the opium shops intended 
to purchase opium they must show the permits or they would 
not be allowed to sell. They were required to report on the 
quantity of opium and opium dross they sold at the end of 
each year. After the quantity requisite for annual consump- 
tion was definitely ascertained, the amount of stock for each 
shop was to be annually reduced in such proportion as en- 
tirely to cease within ten years. Any surplus at the end of 
that time must be destroyed and double its value forfeited as 
a fine. 9 

With a view to hasten the decline of the opium habit, the 
Government instructed each province to select the best medical 
students to undertake research for the best cure suited to the 
local circumstances, and to manufacture such cure in pills to 
be distributed to the prefectures, sub-prefectures, departments 
or districts at reasonable prices, or to be handed over to 
charity societies which were allowed to sell them only at cost 
price. The cure so manufactured was not to contain opium 
or morphia. Poor people could obtain the cure from the gov- 
ernment gratuitously. Local 'gentry' were urged to manu- 
facture the cure in accordance with the governmental pre- 
scription, so as to have it distributed as widely as possible. 10 
In order to secure the cooperation of the masses of people the 

« Article IV. 

• Article V. 

»o Article VI. ' 



56 OPIUM TEAFFIC IN ITS INTEBNATIONAL ASPECTS 

Viceroys and Governors of the provinces were called upon to 
organize through their subordinates anti-opium societies 
whose function it was to aid the Government in rooting out 
the opium-smoking habit. These anti-opium societies were 
composed mostly of local 'gentry', and were not permitted to 
discuss questions of a political nature or questions concerning 
the local administration. 11 

Chinese usage and custom attached so much dignity to pub^ 
lie officials, especially the high functionaries, that they were 
treated separately as regards the required reduction in smok- 
ing. Princes, Dukes, men of title, high metropolitan officials, 
Tartar Generals, Viceroys, Governors, Deputy Lieutenant 
Military Governors, the Provincial Commanders-in-chief as 
well as the Brigadiers General, all under 60 years of age, were 
required to report the fact and to give the date when they 
would stop the pernicious habit. Other officials, military or 
civil, should report to their respective principals and cease 
to smoke within six months, at the end of which term they 
would be examined. If any of them could not be cured in 
time they must retire from office. Professors and students 
were required to get rid of the smoking habit in six months. 12 

The Tartar Generals, Viceroys and Governors were com- 
manded to make a list of people who still indulged in the 
smoking habit and those who gave it up, and also to report to 
the Government the number of anti-opium societies formed 
and the quantity of pills used as cure. These statistics were 
to be handed to the Government Council and were to serve as 
a basis for the promotion or degradation of local officers. In 
executing the foregoing measures officers of whatever rank 
were forbidden to commit irregularities or to receive bribes ; 
in case they should be found receiving bribes they would be 
prosecuted on a charge of fraud. 13 

11 Article VII. At that time the Government was facing the outburst 
of a gigantic revolution which was fostered for decades. So the Govern- 
ment forbade the discussion of political questions. 

is Article IX. 

is Article VIII. 



THE SUCCESS OF THE CBUSADE ' 57 

Commissioners of Customs were required to stop at their 
respective stations the importation of opium from countries 
with which China had no treaty relations. Except for medi- 
cinal purposes, the sale or manufacture by foreign or Chinese 
shops of morphia or syringes for injecting the same was pro- 
hibited. 1 ^ This prohibition could not, however, be enforced 
on account of the Mackay Treaty. 15 

The foregoing administrative measures may be summarized 
under two main heads, (1) those against production and (2) 
those against consumption. In order to restrict production 
the regulations required that no land could be used for culti- 
vation unless hitherto so used, and that the land already 
under cultivation should be reduced by one-ninth each year. 
For the curtailment of consumption, the regulations required 
all smokers to register and to reduce smoking by two or three- 
tenths a year. To the same end, opium dens were to be closed, 
opium shops inspected, anti-opium medicines distributed 
among the addicts either gratuitously or at cost price, opium 
refuges established, anti-opium societies incorporated to as- 
sist the Government. Now it remains to be seen how far 
the Chinese Government succeeded in prosecuting the regu- 
lations. 

Before commenting upon China's success or failure two 
things should be borne in mind : First, the Chinese adminis- 
trative system was entirely disorganized, utterly unfit for 
such a delicate task as the eradication of the opium evil; 
second, the evil in China was of such dimensions and magni- 
tude that it may be said that it surpassed all organized vices 
in other countries. China, however, proved that her ability 
was commensurate with the task which had confronted her 
for nearly a century. 

1* Article X. 

is Cf. supra, p. 46, and infra, p. 65. Great Britain raised no serious 
objection to the prohibition of morphia except on condition that the 
other Treaty Powers should give their consent to it. Japan was the last 
Power that assented to the prohibition. 



58 OPIUM TBAFFIC IN ITS INTEBNATIONAL ASPECTS 

According to the report of Mr. Leech, Counsellor of the 
British Legation at Peking, China was moderately successful 
in 1907 in carrying the administrative regulations into ef- 
fect. 16 In 1907 the area of land under cultivation was con- 
siderably reduced in Shansi, Chili, Shantung, and other 
provinces, although this was not the case in Szechwan, Yun- 
nan, and Kweichow, all of them, big opium-producing centers. 
As to the registration and licensing of opium smokers, it may 
be said that while this measure was carried out with remark- 
able success in certain large cities and commercial centers it 
was not so in other cities and towns of the Empire, the failure 
being due to the fact that the well-to-do class did not like to 
be treated as smokers at the offices of the magistrates or the 
police stations. 

The greatest success that China could claim in 1907 was the 
universal shutting down of opium dens throughout the Em- 
pire. In all the chief cities except the capital of Szechwan 
all opium divans and dens were closed without riot and a 
majority of such establishments were closed in the country 
districts. In the province of Szechwan it may be generally 
said that the dens were either closed or licensed as the regu- 
lations required, while in the capital of that province the 
divans were reduced from 500 to 300 and were all placed 
under strict supervision of the police authority. Opium shops 
were licensed and inspected in most cities, and were more or 
less under official supervision and subject to a tax which was 
based upon the amount of business transacted. 

The provincial governments manufactured remedies and 
established refuges for the opium addicts. Anti-opium medi- 
cines manufactured by Government were available in nearly 
all the capitals of the provinces and large towns, and they 
were within the reach of a majority of the inhabitants. But 
some of the anti-opium medicines manufactured by private 

i6 Mr. Leech's Report, 1907, 41-45. The report may be found in 
Accounts and Papers. The author selected Mr. Leech's Report as the 
basis of discussion, under the firm conviction that by doing so he would 
be free from any sign of prejudice. 



TEE SUCCESS OF THE CBUSADE 59 

individuals contained opium or morphia, thus simply substi- 
tuting one vice for another. 

Anti-opium societies were organized, and they displayed a 
certain amount of energy. Some of them were under official 
auspices, while others were of a private nature. 

The prohibition of smoking was carried out with varying 
success. It was strictly enforced in all governmental colleges, 
schools, industrial institutions, and in the police and the army 
In the army the penalty for opium smoking was death. It 
was reported that the few native officers employed in the Im- 
perial Maritime Customs all ceased to smoke as a result of the 
prohibition. On October 10, 1907, an Imperial Decree was 
issued to remove from office a number of high dignitaries and 
princes who failed to break off the opium habit within the 
prescribed limit of time. 17 Vice-presidents of the Censurate 
and of the Law Reform Committee, both opium addicts, died 
in consequence of having to give up the habit — an indication 
that the law was strictly enforced among the high function- 
aries. 17 

All Tartar Generals, Viceroys, and Governors obeyed the 
regulations and did their best to promote the cause of sup- 
pression. The local authorities at a few large cities distin- 
guished themselves in the vigorous prosecution of the admin- 
istrative regulations. 

China's moderate success in the direction of suppressing 
opium was undoubtedly responsible for the closing of all dens 
in Austrian, Belgian, British, German and Italian Conces- 
sions, except in Shanghai, where the divans were still open. 
As to the Japanese, French and Russian Concessions, it may 
be said that the dens were either closed of their own accord 
or on account of the severe measures adopted by the respective 
Governments. 

This is, in brief, a sketch of the opium situation towards 
the end of 1907. In the same year two Imperial Edicts were 
issued, one on February 7 and the other on June 26. 18 The 

"Leech's Report, 1907, p. 31. 

is Reference may be found in The China Year Book, 1912, p. 429. 



60 OPIUM TRAFFIC IN ITS INTERNATIONAL ASPECTS 

first Edict urged the extension of branch anti-opium societies 
so as to render the greatest possible assistance to the Govern- 
ment, but laid more stress upon the restriction of cultivation. 
It says in part : 

"But strict as must be the prohibition against smoking, it 
is even more necessary to forbid the cultivation of the poppy, 
in order to sweep away the source of evil. The responsibility 
is therefore placed upon all Tartar Generals, Viceroys and 
Governors to see to it that cultivation is diminished annually, 
as prescribed by the regulations submitted to Us, and that 
within the maximum term of ten years the supply of foreign 
and native opium is completely cut off. There must be no 
laxity or disregard for this beneficial measure, which the 
Throne so ardently desires. ' ? 

The other Edict is simply a repetition of the first. Taken 
together the two Edicts indicate very clearly that the Chinese 
Government was firm and vigorous in pushing the anti-opium 
campaign. 

During the course of the anti-opium campaign it appeared 
to the Chinese Government necessary to establish a separate 
organ to deal with the high functionaries addicted to the drug. 
So the Emperor appointed, on April 7, 1908, Prince Kung, 
Assistant Grand Secretary Lu, and two other high function- 
aries as special commissioners to suppress opium among the 
officials. Should any high functionary be found by the Opium 
Commissioners to be smoking opium he would be punished 
according to the law. The Commissioners were empowered to 
summon, subject to the consent of the Throne, high provincial 
officials above the rank of Prefect (taotai) for examination if 
they should suspect them of indulging in the pernicious habit. 
The guilty official was to be dismissed from office. 

The Commissioners performed their duties faithfully, They 
denounced two high functionaries holding the posts of Sub- 
Chancellors of the Grand Secretariat, and on July 30, 1908, 
an Imperial Decree was issued cashiering the two for falsely 
reporting abstinence from the drug. As a result of the Com- 
missioners ' vigorous execution of the anti-opium Edicts, high 



THE SUCCESS OF THE CRUSADE 61 

functionaries died in their endeavor to conquer the habit, 19 
and a large number of district magistrates and other public 
officers were degraded or removed from office on account of 
their still indulging in the pernicious practice. 21 

The jurisdiction of the Commissioners extended only to 
officers ; they had no power whatsoever over the common peo- 
ple. All officers in the capital as well as in the provinces 
were under their jurisdiction, while the 'gentry' and the 
common were within the jurisdiction of the Ministry of the 
Interior at Peking and the highest authorities in the prov- 
inces. 22 

On May 9, 1908, the Chinese Government promulgated sev- 
eral elaborate regulations, devised by the Commissioners, 
against the cultivation as well as the consumption of opium. 
These regulations were, in part, repetitions of those issued 
one year before, but they tended to hold a tighter grip upon 
the smokers and cultivators. The Court at Peking was not 
satisfied with the moderate success of 1907. So it issued new 
and additional regulations to accelerate the success. On May 
23, 1908, the Chinese Government put into force another series 
of regulations which were devised by the Ministry of the In- 
terior. 23 While repeating to a certain extent the regulations 
of May 9, the new regulations embodied novel features which 
are not found in the previous regulations. 

By the new regulations all persons intending to cultivate 
the poppy must not only secure licenses from the local author- 
ities (the licenses were renewable each year) but must pay, 
on applying for the license, a fee of 150 cash (equivalent to 

19 Sir Alexander Hosie's Keport, 1909, p. 2. The report may be found 
in Accounts and Papers. Six Alexander Hosie was then Acting Com- 
mercial Attache to the British Legation at Peking. 

2i Cf. Correspondence Respecting the Opium Question in China, 1908, 
p. 31. 

22 See Article 8 of the regulations of May 9, 1908. The China Year 
Book, 1912, pp. 635-638. 

23 The text of the regulations may be found in The China Year Boole, 
1913, pp. 631-635. 



62 OPIUM TRAFFIC IN ITS INTERNATIONAL ASPECTS 

5c) per Chinese acre. All clandestine cultivation was pro- 
hibited. 24 Land under cultivation must be reduced by one- 
eighth a year instead of one-ninth as formerly required. 25 
Honest and impartial 'gentry' were to be appointed to go 
round exhorting the people to discontinue the cultivation of 
the poppy, and the cultivation of other commodities such as 
tea, sugar, and oil was to be encouraged. 26 

As to the restriction of smoking, all addicts were required 
to go to the opium refuges established by the Government and 
remain there not less than from three to five days nor more 
than from six to seven days. While in the refuges, the addicts 
were under the supervision of the opium inspector whose 
chief function was to ascertain whether the addict had really 
got rid of the habit. In case the inspector found by test that 
the addict had really broken off the habit a certificate to that 
effect would be issued to him and then he could leave the 
refuge ; but all who failed to demonstrate that they were free 
from the habit must stay. 27 Any person suspected of in- 
dulging in the pernicious habit would be called upon to under- 
go a test Whenever that test was deemed necessary by the 
authorities. 28 Institutes for inspecting smokers were to be 
established in the provinces by the Viceroys and Governors. 29 

For the purpose of ascertaining the volume of the native 
opium trainee, the so-called Farms system was introduced, the 
Farms to act as middlemen between the cultivators and the 
opium shops. The Farms were licensed by the Sub-office of 
the Opium Deputy Bureau in conjunction with the local 
authorities, without charge. All native opium must be bought 
and sold through these Farms; direct transactions between 

2t Article 3 of the regulation of May 23, 1908. 

25 Article 2 of the regulation of May 23, 1908. 

26 Article 6 of the regulation of May 9, 1908. 

27 Article 2 of the regulation of May 9, 1908. 

28 Article 1 of the regulation of May 9, 1908. 

29 Article 3 of the regulation of May 9, 1908. 



THE SUCCESS OF THE CBUSADE (J3 

the cultivator and buyer were prohibited. The Farmers were 
required to enter in their books the quantity of opium col- 
lected from the villages, and to present the books from time to 
time to the Bureau's sub-office for inspection. The Farms 
were to be responsible for the payment of duties levied upon 
native opium. 30 

Since the anti-opium medicines produced in certain cases 
baneful effects, even more baneful than the habit itself, the 
regulations required all local officers to examine such medi- 
cines at all druggists', and to prohibit the sale of medicines 
containing morphia or opium. 31 

All officers other than those already holding substantive 
posts must give, on being appointed to office, bonds, guaran- 
teed by their colleagues, that they were not opium smokers. 32 
Liberal rewards were offered to deserving officers who could 
distinguish themselves in executing the regulations. 33 

In 1908 special regulations were promulgated by the Min- 
istry of the Interior against the consumption and sale of 
opium at Peking. All smokers were commanded to cease the 
practice within eight years and to reduce smoking by one- 
eighth a year. A high tax was levied on permits to be issued 
to the smokers. As to the control of opium sales, the Govern- 
ment required all opium shops having a capital of less than 
1,000 taels to be closed, and returns of the amount of pur- 
chase and sale must be handed to the Government for in- 
spection. 34 

On October 6, 1908, the Board of Finance suggested a new 
mode of procedure in restricting production and cultivation. 
It recommended that in the North and West the Government 
should by all means curtail the production, and that in the 

30 Article 4 of the regulation of May 23, 1908. 
si Article of the regulation of May 23, 1908. 

32 Article 9 of the regulation of May 9, 1908. 

33 Cf . article 10 of the regulation of May 9, 1908, and articles 16-21 
of the regulation of May 23, 1908. 

s* Cf. Sir Alexander Hosie's Eeport, 1908, p. 2 ff. 



64 OPIUM TRAFFIC IN ITS INTEENATIONAL ASPECTS 

coast and river provinces to Which, foreign opium could get 
easy access the Government should concentrate its efforts 
upon suppressing consumption. The reason for the new mode 
was this: in the North and West the people consumed only- 
native opium, and reduction in the production of opium would 
bring about a corresponding reduction in consumption where- 
as in the riverine provinces this would not be the case. 35 
This mode was generally followed. It was responsible for 
the indifference of the officers in the North and West towards 
the regulations, except that part which related to cultivation. 

In 1908, as a result of the active campaign, the area of land 
under cultivation was generally reduced throughout the Em- 
pire, 36 notably in Yunnan, Kiangsu, Honan, Fukien, Shan- 
tung, Chili, and Manchuria. 36 In Kwongsi cultivation en- 
tirely ceased. 37 In certain provinces such as Hunan, Kiangsu, 
Chili, Fukien, the authorities were energetic in executing the 
regulations, especially those regulations which required the 
licensing of opium smokers, and the closing and inspection of 
opium shops ; but instances are not wanting in other provinces 
where the regulations were either a dead letter or enforced 
with great laxity. Public and private opium refuges were 
opened for the treatment of the unfortunate addicts. Native 
anti-opium medicines were distributed gratuitously or sold at 
cost. Anti-opium Bureaus were established in many parts of 
the country to test officers, and as a result of the scrutinizing 
examination by the Bureaus, many public officers were dis- 
missed from office. 38 

On July 2, 1908, the Legislative Council of Hong Kong 
passed an ordinance to prohibit the exportation of prepared 
opium to China in accordance with the agreement which was 
concluded in 1907 between China and Great Britain. 39 To- 
ss Sir Alexander Hosie 's Report, 1908, Appendix B. 

se Cf. Leech's Report, 1908, and Sir Alexander Hosie 's Report, 1908. 

s 7 Leech's Report, 1908. See under Kwongsi. 

ss Cf . Sir Alexander Hosie 's Report, 1908. 

39 Six Alexander Hosie 's Report, 1908, p. 6. 



TEE SUCCESS OF THE CRUSADE 55 

wards the end of September, 1908, Japan assented to the 
prohibition by China of the general importation of morphia, 
and the prohibition went into effect on January 1, 1909. 40 
Thereafter no morphia could be imported except for medicinal 
• purpose. The penalty for selling morphia (except under 
Customs permit) and manufacturing instruments for its in- 
jection was banishment. 41 

The large opium-producing provinces such as Szechwan, 
Yunnan, Kweichow, Shansi, furnished a supreme test of the 
success or failure of the programme adopted by the Chinese 
Government for total prohibition. In the first two years after 
1906 little progress was made in these provinces except the 
shutting down of opium divans. But in 1909 the situation 
entirely changed. The Shansi Government took sudden and 
vigorous action to suppress cultivation, and cultivation in 
Yunnan was reduced by 80% or 90 %. 42 

On Januarjr 12, 1910, Sir Alexander Hosie, British Consul 
General, took a trip to Szechwan with the purpose of making 
a thorough investigation of the poppy-cultivation in that 
province. He did not find a single poppy in the opium-pro- 
ducing centers ; cultivation entirely ceased after the season of 
1908-1909. 43 Shansi, another large opium-producing prov- 
ince, also ceased cultivation in 1909. 44 In April, 1911, Sir 
Alexander Hosie toured the different parts of Yunnan, and 
.as a result of his tour he came to the conclusion that cultiva- 
tion in that province was reduced by 75% in 1910, while the 
Chinese authorities claimed a reduction of from 80% to 90%. 
Poppy was found only in the mountainous regions inhabited 
by the aboriginals. 45 

40 Sir Alexander Hosie 's Report, 1908, p. 6. 

41 Sir Alexander Hosie 's Report, 1908, Appendix A. 

« Max Miiller's Report, 1909, p. 21. Mr. Muller was then Councillor 
to the. British Legation at Peking. . 

« Sir Alexander Hosie 's Report, 1910, p. 20. 

44 Sir Alexander Hosie 's Report, 1910, pp. 2, 3. 

48 Sir Alexander Hosie 's Report, 1911. See under Yunnan. 



66 OPIUM TRAFFIC IN ITS INTERNATIONAL ASPECTS 

With Shansi and Szechwan all cleared of, and Yunnan al- 
most free from, poppy cultivation, the Chinese Government 
pressed Great Britain for the conclusion of an agreement 
which would bring the eradication of opium to completion. 46 
The British Government was glad to entertain the Chinese 
proposition, partly because the House of Commons declared 
by a unanimous vote the opium trade "morally indefensible " 
in 1906 and 1908, 47 and partly because China demonstrated 
her ability to curtail native cultivation as well as consump- 
tion. In consequence, an agreement between China and Great 
Britain was signed at Peking on May 8, 1911. 48 

Under this compact, the British Government agreed that 
the opium trade with China must entirely cease in 1917 if 
China could diminish annually the production of opium with- 
in her territory in the same proportion as the annual export 
from India. 49 The British Government further agreed that 
the export of Indian opium to China should cease prior to 
1917 if clear evidence could be shown of the complete absence 
of production of native opium in China. 50 

Under the arrangements of 1907, the British Government 
agreed to diminish the export of Indian opium to countries 
beyond the seas by 5,100 chests a year, but owing to the in- 
flated price of the drug the import of Indian opium into 
China increased instead of decreasing. 51 The Chinese Gov- 
ernment desired to remedy this to a certain extent with a 
view to cutting down the importation of foreign opium. 
Therefore, in the agreement of 1911, a provision was made 
whereby the British Government was bound not to convey 

4« See chapter III. 

4i Parliamentary Debates, Commons, 1913, Vol. 52, p. 2151. 

48 Treaty Series, 1911, no. 13. 

*9 The Government of India agreed to reduce the export of Indian 
opium by 5,100 a year from 1911 to 1917 inclusive. Cf. the ar- 
rangements of 1907. Also Article I of the Agreement, May 8, 1911. 

*o Article II. 

si See, supra, pp. 50, 51. 



THE SUCCESS OF THE CBUSADE (J7 

Indian opium into any province "which can establish by 
clear evidence that it has effectively suppressed the cultiva- 
tion and import of native opium". 52 China, however, agreed 
that she would not close Shanghai and Canton to the import 
of Indian opium until all the provinces were cleared of culti- 
vation. 53 

The British Government consented to increase the consoli- 
dated import duty on Indian opium to 350 taels per chest of 
100 catties, provided "the Chinese Government levy an equiv- 
alent excise duty on native opium , \ 54 China was bound to 
remove all the restrictions on wholesale trade in Indian opium, 
but she reserved the right to regulate the retail trade in gen- 
eral. 55 

From May 8, 1911, only certified Indian opium, accom- 
panied by permits of the Indian Government, was allowed to 
be imported into China ; uncertified opium must be landed at 
the Treaty Ports within two months from date of signature. 
After that date Chinese ports were closed to the landing of 
uncertified Indian opium. 56 

After the conclusion of the agreement of May 8, 1911, the 
provincial authorities were exceedingly active against the 
bringing in of foreign opium in violation of the terms of that 
agreement, and the Chinese Department of Foreign Affairs 
was obliged to send special instructions to the Viceroys and 
Governors. In the instructions the Department says : 

" If a whole province can establish by clear evidence that it 
has suppressed the cultivation and the import of native opium, 
the Board (the Emperor's Executive Council) can then bring 
before His Majesty's Minister the question of suppressing the 
import of foreign opium. But if in any province the cultiva- 
tion has not entirely ceased and there is still a large number 

62 Article III. 

88 ibid. 

o* Article VI. Also Annex. 

so Article VII. 

*« Article VIII. See also Annex. 



68 OPIUM TRAFFIC IN ITS INTERNATIONAL ASPECTS 

of smokers, no forcible repressive measures must be taken in 
that province in respect of the trade in, and movement of, 
foreign opium. ' ' 57 

From September 11, 1911, the import of Indian opium into 
Shansi, Szechwan, and Manchuria was forbidden in accord- 
ance with Article III of the agreement of 1911. 5S But, while 
the anti-opium campaign was at its height, there occurred in 
China an epoch-making event which resulted in a set-back to 
the cause of opium suppression. In September of 1911 a 
political revolution broke out in the central part of China, 
spreading in all directions with alarming rapidity. But the 
leaders of the revolution, hating opium as much as did the 
Manchu Government, proceeded to suppress the drug with 
even greater energy and vigor. The revolutionary Govern- 
ment of Anhwei seized seven chests of Malwa opium at 
Anking on the Yangtze River and publicly burned them. 
The British Consul General protested in vain. 59 In certain 
other provinces where the people revolted, Indian opium met 
the same fate at the hands of the new authorities. 

As a result, a huge quantity of Indian opium was accumu- 
lated in Shanghai to the value of £11,000,000. The matter 
was referred to the Diplomatic Corps at Peking, and on De- 
cember 15, 1911, Sir J. Jordan, the British Minister, warned 
the Chinese Government that, "unless unequivocal assurances 
were immediately forthcoming that it was the intention of 
China to observe the agreement of May 8, 1911, he would be 
compelled to advise his Government that remonstrances were 
ineffective". 60 On account of the unsalability of the accumu- 
lated Indian stock at Shanghai, opium merchants in India 
petitioned the Indian Government towards the end of 1911 

57 Circular of Waiwupao. No date. Beference may be found in The 
China Year Boole, 1914, p. 697. 

58 In Shansi and Szechwan cultivation ceased in 1909, supra, p. 65. 
As to Manchuria, see The China Year Book, 1913, p. 644. 

59 The China Year Boole, 1913, p. 644. 
eo The China Year Boole, 1913, p. 644. 



THE SUCCESS OF THE CRUSADE 69 

for the immediate stoppage for the time being of sales of 
opium for export to China. 61 In 1912 the provincial authori- 
ties continued to interfere with the sale and movement of 
Indian opium, with the result that more Indian stock, now 
amounting to 20,000 chests, was accumulated at Shanghai 
and Hong Kong. The provincial authorities argued that 
under the terms of the agreement of 1911 China could regu- 
late the retail trade in Indian opium in such manner as she 
saw fit, and that it would be a preposterous mode of procedure 
should China permit the sale of foreign opium but prohibit 
the native trade in it. 62 

In the early part of 1912 the National Government at 
Peking promulgated a Criminal Code for the punishment of 
opium smokers and opium dealers. 63 According to this code, 
opium smokers, opium dealers, opium cultivators, and all 
those who manufacture opium or opium instruments, are 
liable to penal servitude of from the third to the fifth de- 
gree. 64 This prohibition is applicable to all persons including 
the customs officers. 64 The police officers are charged with the 
duty of enforcing this prohibition, and if they fail to inflict 
the proper penalty upon those violating provisions of the 
code, they will be punished in the same way as if they were 
themselves offenders. 65 Those who secretly store opium- 
smoking instruments are liable to a fine not exceeding $100. 
Those committing the offences as enumerated in the criminal 
code will lose all civil rights and must retire from the offices 
they hold. 66 This criminal code amounts to forbidding the 
importation of Indian opium into any province of China. 

In certain provinces such as Hunan, Szechwan, and Yun- 

6i The China Year Boole, 1913, p. 644. 

62 ibid. 

63 The text of the code may be found in Chung Hwa Lu Fa (Six Laws 
of China). See under Temporary Code. 

64 Articles 260-264. 
es Article 266. 

ee Article 269. 



70 OPIUM TRAFFIC IN ITS INTERNATIONAL ASPECTS 

nan, the authorities exceeded the criminal code, and decreed 
the death penalty for opium smokers. Under the operation 
of this decree some 300 opium addicts were executed in dif- 
ferent parts of Hunan. 67 The decree was superseded by order 
of the National Government at Peking in January, 1913. 

In February, 1913, Chili and Kwongsi were proved free 
from poppy cultivation, and from June 15, 1913, Indian 
opium was forbidden to enter Anhwei, Hunan, and Shantung, 
in accordance with Article III of the agreement of 1911. 68 
But according to Sir J. Jordan's report, there was in 1913 a 
revival Of poppy cultivation in the provinces where cultivation 
was declared to have ceased. The local authorities were, how- 
ever, very active and succeeded in destroying the poppy in 
most cases. 69 

In the meantime, the Indian stock was continuously accu- 
mulated at Shanghai, and the Department of Foreign Affairs 
offered, in June, 1913, to pay the cost of shipping the Indian 
stock back to India, but the British Government declined to 
accept this offer. 70 In the same year General L. Chang went 
to England on an unofficial mission and asked the British Gov- 
ernment not to press for the sale of the accumulated Indian 
stock at Shanghai, but his mission was unsuccessful. 70 In 
view of the stagnant market for Indian opium in China the 
Indian Government decided to allow no sales of opium for 
the Chinese market in Calcutta after the auction of 170 chests 
fixed for April 1st, and no sale of certified opium in Bombay 
after March 12, 1913. 70 On May 7, 1913, a debate took place 
in the House of Commons in regard to the opium traffic with 
China. Mr. Taylor Jones who led the fight declared the 
opium trade "morally indefensible". As a result of this 
debate, Mr. Montagu, Under-secretary of State for India, 

6 7 The author is a native of Hunan. He gathered this information 
from the newspapers at the Capital of the province. 

es The China Year Book, 1913, p. 644. Sir J. Jordan's Report, 1913. 

<» Cf . Sir J. Jordan 's Eeport, 1913. 

7o The China Year Boole, 1914, pp. 699-701. 



THE SUCCESS OF THE CBUSADE 71 

announced in the House of Commons that the British Gov- 
ernment was prepared not to sell any more opium to China 
not only in 1913 but "never again". 71 

To sum up. From 1907 to 1913 China succeeded in elim- 
inating cultivation from eight provinces, namely, Anhwei, 
Chili, Hunan, Kwongsi, Manchuria, Shansi, Shantung, Szech- 
wan, and cultivation in other provinces was reduced by 80 or 
90 per cent. Inasmuch as Szechwan, Shansi, Shantung, Man- 
churia, Chili, produced more than 90% of native opium, it 
may be said that cessation of cultivation in those provinces 
would reduce the quantity of native opium to that extent. 
The remarkable success was due partly to the vigorous exe- 
cution by energetic officers of the anti-opium regulations that 
the Chinese Government promulgated in pursuance of the 
Imperial Edict of September 20, 1906, partly to the fears on 
the part of the cultivators that their land would be subject to 
confiscatory taxation or confiscated, and partly to the close co- 
operation of the local 'gentry' and anti-opium societies which 
showed considerable enthusiasm in assisting the Government. 
Had the Revolution of 1911 been delayed, the programme of 
total prohibition would have been carried out in 1913 or 1914 
instead of 1917 — for the Revolution interrupted administra- 
tive operations in places where disorder and lawlessness 
reigned. As to smoking, it may be said that it was generally 
cut down throughout the whole country, and the agreement of 
1911 was an indirect aid to the Chinese Government in cur- 
tailing consumption. In the meantime, the British Govern- 
ment was prepared to desist from the opium traffic with China 
because it was not supported but, on the contrary, denounced 
by the House of Commons. 

71 Parliamentary Debates, Commons, 1913, vol. 52, p. 2151 if. As to 
Mr. Montagu's statement, see, ibid, p. 2190. 



CHAPTER V 

The International Movement (1909-1914) 

The effort of the Chinese Government, beginning with 1906 r 
to put an end to the opium evil within a maximum term of 
ten years, 1 met with special favor in certain countries of the 
world, and particularly in the United States, which held itself 
aloof from the nefarious trade from the beginning to the end. 
Mr. John W. Foster was entirely right in saying this : ' ' From 
the beginning of our political intercourse with that country 
(China) we have discouraged all efforts on the part of Amer- 
icans to engage in the opium trade, so injurious to its people 
and forbidden by its laws". 2 In pursuance of this policy the 
American Government dismissed in 1843 an American consul 
on account of his participation in the opium trade. 3 The 
United States was not content with simply standing aloof ; it 
was anxious to see the traffic suppressed or in anywise re- 
stricted. In accordance with this view, the American Govern- 
ment concluded with China, on November 17, 1880, a treaty 
Article II of which says in part: "Citizens of the United 
States shall not be permitted to import opium into any of the 
open ports of China, to transport it from one open port to any 
other open port, or to buy and sell opium in any of the open 
ports of China". To put this provision into force Congress 
passed supplementary legislation on February 23, 1887. 4 . 

China's early attempts at suppression of the opium curse 
were crushed by brutal force. But in 1906 the situation had 

i See the Imperial Edict of September 20, 1906, supra, pp. 43, 44. 

2 John W. Poster, A Century of American Diplomacy, 1900, p. 290. 

s Francis Wharton, A Digest of International Law of the United 
States, 1887, p. 447. Cited by Foster, ibid, p. 291. 

* Act of February 23, 1887, ch. 210, 24 Sat. L., 409 ff. 

72 



THE INTEBNATIONAL MOVEMENT 73 

radically changed, and the time was ripe for humanitarian 
nations to offer friendly assistance to China in rooting out 
the inveterate evil which had so long debauched her people. 

In the meanwhile, the missionary societies in China and 
commercial institutions in the United States made representa- 
tions to the American Government urging it to take the initi- 
ative in assisting China to secure the prohibition of the opium 
traffic. The matter was referred to Secretary Hay who in 
turn brought it to the attention of President Koosevelt. 
Bishop Brent who had served on the Opium Committee of 
1903 5 wrote a personal letter to President Roosevelt urging 
him "to promote some movement that would gather in its 
embrace representatives from all countries where the traffic 
in and use of opium is a matter of moment". 6 His proposi- 
tion won the favor of the American Government. Accord- 
ingly, under the direction of President Roosevelt, Secretary 
Elihu Root started on September 1, 1906, correspondence with 
the different powers in regard to the possibility of making an 
investigation by a joint commission of the opium problem as 
to its commercial, agricultural, as well as the other scientific 
aspects. After the elapse of some eighteen months the Powers 
agreed to hold in 1909 an International Opium Commission at 
a place to be designated by the American Government. 

On the face of things, the international movement initiated 
by the United States seems attributable to purely humani- 
tarian motives; but a review of the opium situation in the 

s In 1903 the Philippine Government appointed an Opium Committee 
to make a special study on the opium problem in the Far Eastern coun- 
tries, such as China, Japan, Formosa, French Indo-China, Burma, etc. 
To this end the Committee toured different parts of these countries and 
made a comprehensive report in 1904. Infra, p. 91. 

« Part of Bishop Brent 's letter was quoted by Dr. Hamilton Wright in 
his report of 1910, p. 64 (Senate Documents, vol. 58, no. 377). As to 
the representations of missionary societies, see Senate Documents, no. 
135, 58th Congress, 3rd Session, " Report of Hearing by the American 
State Department on Petitions to the President to use his Good Offices 
for the Release of China from Treaty Compulsion to tolerate the Opium 
Traffic, with Additional Papers". 



74 OPIUM TRAFFIC IN ITS INTERNATIONAL ASPECTS 

United States previous to 1909 shows clearly that the per- 
nicious drug had already become an acute problem in certain 
sections of the country. As a result of careful investigations, 
Dr. Hamilton Wright came to the conclusion that the use of 
opium in the United States was not confined to the Chinese- 
population but had spread elsewhere. Dr. Wright pointed 
out that before 1909 the average import of opium per annum 
was 148,168 pounds; the amount consumed by Chinese was 
estimated at 99,750 pounds, thus leaving a balance of 48,418 
pounds to be accounted for. 7 The balance must have been 
consumed by the non-Chinese population, a presumptive evi- 
dence that the evil was spreading to certain classes of the 
American people. It was, therefore, the desire of the Amer- 
ican Government to check the spread of the evil. The task of 
the Government in this regard would be considerably facili- 
tated if cooperation could be secured from other sympathetic 
Governments. The American Government no doubt had this 
end in view when it proposed to hold an international opium 
conference. Aside from this, the American Government also 
expected the forthcoming conference to find out by investiga- 
tion the best method of restricting the use of the drug to 
legitimate purposes. " While the investigation now pro- 
posed", says Secretary Hay, "relates to opium in the Far 
East, an incidental advantage may be to point out the neces- 
sity, and the best method, of restricting the use of opium in 
the United States". 8 

After the acquisition of the Philippine Islands as a result 
of the Spanish- American War of 1898, the United States was 
brought face to face with an opium problem which assumed 
larger proportions than in the United States proper. A large 
percentage of the native and Chinese population in the Philip- 

7 Hamilton Wright's Report, 1910, Senate Documents, vol. 58, no. 377, 
pp. 42, 43. The import does not include the amount of opium success- 
fully smuggled into the United States. 

s Secretary Root 's Letter of May 7, 1908, House Documents, vol. 108,, 
no. 926, p. 3. 



TEE INTERNATIONAL MOVEMENT 75 

pine Islands was addicted to the use of opium and suffered 
from the deleterious consequences thereof. A humanitarian 
nation like the United States would not tolerate the preva- 
lence of such a ravaging scourge in its possessions. Accord- 
ingly, the Philippine Commission appointed in 1903 an 
Opium Committee to investigate the opium situation in Japan, 
China, Formosa, French Indo- China, Java, Burma, and else- 
where, with a view to find out the best means of suppressing 
or minimizing the abuse of opium in the Philippine Islands. 

It is thus clear that the motive of the United States in pro- 
posing the International Opium Commission was humani- 
tarian as well as material — it was material in the sense that 
by availing itself of the result of investigations of the pro- 
posed commission and the possible cooperation of the nations 
represented the United States would be in a better position 
to stamp out the opium evil within its territory as well as in 
its colonial possessions. Fortunately, the proposal of the 
United States met with favor from all the Governments to 
which it had previously made representations on the subject. 
The Powers that responded to the American proposal were 
China, France, Germany, Great Britain, Japan, the Nether- 
lands, Portugal, Russia, Austria-Hungary, Italy, Siam. But 
since large quantities of opium were produced in Persia and 
Turkey, the American Government deemed it necessary to 
extend the invitation to those two countries. Persia accepted 
the invitation and appointed delegates to attend the Commis- 
sion, but Turkey, owing to an internal political upheaval, 
failed to appoint any delegates to the conference. 

The Powers represented at the International Opium Com- 
mission of 1909 at Shanghai were, the United States of Amer- 
ica, China, France, Germany, Great Britain, Japan, the 
Netherlands, Portugal, Russia, Austria-Hungary, Italy, Siam, 
Persia. The International Opium Commission held a series 
of conferences at Shanghai from February 1 to 26, 1909, and 
passed a series of resolutions, all aimed at the suppression or 
restriction of opium. The Commission, however, failed to 
accomplish anything in a material sense; it only by resolu- 



76 OPIUM TBAFFIC IN ITS IN TEEN AT ION AL ASPECTS 

tions indicated the general lines upon which to conduct the 
international campaign against opium. The resolutions of 
the Commission were only views exchanged on the subject 
and could not possibly bind the Governments represented. 
The Commission, however, accomplished one thing, namely, 
the unanimous denunciation of opium as a great evil. Fur- 
thermore, the Commission must be credited with having paved 
the way for later international conferences which developed a 
powerful body of public opinion against the opium trade. 

At the Commission the British delegation introduced the 
first resolution, which was perhaps unnecessary. This reso- 
lution recognized "the unswerving sincerity of the Govern- 
ment of China in their efforts to eradicate the production and 
consumption of opium throughout the Empire . . . ." 9 
The rest of the resolutions may be classified under (1) meas- 
ures recommended for the suppression or restriction of opium 
in each country, (2) measures designed to aid China in her 
anti-opium campaign which was going on with vigor and ex- 
cellent results. 

The Commission recommended that each delegation should 
move its own Government to take measures for the gradual 
suppression of the practice of opium smoking in its own terri- 
tories and possessions, with due regard to the varying circum- 
stances of each country concerned; 10 that each delegation 
should urge upon its own Government the desirability of 
revising its administrative regulations in the light of experi- 
ence in other countries; 11 that each delegation should move its 
own Government to adopt drastic measures in its own terri- 
tory or possessions to control the manufacture, sale, and dis- 
tribution of opium and its derivatives liable to similar 
abuse. 12 

9 Resolution 1. Cf. Hamilton Wright's Report, 1910, op. cit. p. 71. 

io Resolution 2. Full text of the resolutions may be found in The 
China Year Book, 1913, pp. 638, 639. 

n Eesolution 3. 

12 Resolution 5. 



TEE INTERNATIONAL MOVEMENT 77 

As regards the measures designed to assist China, the Com- 
mission stated that it was the duty of each country to adopt 
reasonable measures to prevent at ports of departure the ship- 
ment of opium, its alkaloids and derivatives, to any country 
which prohibited the entry of opium or its derivatives. 13 
This resolution, proposed by the American delegation, met 
with strong opposition from certain delegates, 14 on the ground 
that the prohibiting country alone should be responsible for 
the prevention of smuggling; but the resolution was never- 
theless adopted. This measure, if duly carried out, would aid 
the Chinese Government to a great extent. ) The Commission 
also urged all Governments having possessions in China to 
take effective measures to prohibit opium smoking in the pub- 
lic resorts and to close opium divans in the Settlements or 
Concessions, 15 to enter into negotiations with China with a 
view to take effective measures in their Concessions in China 
for the prohibition of the trade in and the manufacture of 
such anti-opium remedies as should contain opium or its de- 
rivatives, 16 and to apply their pharmacy laws to their subjects 
or citizens in the consular districts, Concessions or Settlements 
in China. 17 

These are, in brief, the views expressed by the International 
Opium Commission on the subject of opium. That the Com- 
mission failed to accomplish much is irrefutable, but it unan- 
imously expressed the opinion that a stop should be put to the 
opium traffic. This unanimous opinion may be regarded as a 
great moral encouragement to the Chinese Government, which 
was pushing the anti-opium campaign vigorously. Enthusi- 
asts in China even went so far as to assert that she need not 
fulfil her treaty obligations in regard to the opium traffic be- 
cause all the Powers having treaty relations with China and 

is Kesolution 4. 

I* Cf . Hamilton Wright 's Report, 1910, op. eit. p. 70. 

is Resolution 7. 

is Resolution 8. 

"Resolution 9. 



78 OPIUM TBAFFIC IN ITS INTERNATIONAL ASPECTS 

represented at the International Opium Commission had de- 
cided to suppress it. 

As to how far the Powers represented in the Commission 
acted upon the recommendations of the Commission, it seems 
safe to say that none heeded them except two, namely, China 
and the United States, where strict laws were enacted by the 
respective Governments to suppress or restrict opium. True, 
the Treaty Powers having Concessions or Settlements in China 
closed the divans or establishments where opium was publicly 
consumed; it is nevertheless doubtful whether such action 
was taken in consequence of the resolutions passed by the In- 
ternational Opium Commission. As to the measures recom- 
mended for suppression or control of opium in each country, 
nothing was undertaken in this regard by the respective Gov- 
ernments except China and the United States. 18 The inaction 
was partly due to the fact that opium was not a problem in 
certain countries such as France, Germany, Austria-Hungary ; 
partly to the fact that strict measures had already been adopt- 
ed on the subject; partly to the fact that certain countries 
were reluctant to give up the trade because of the tremendous 
financial or revenue sacrifices involved. 

The United States, however, still held steadfast to the idea 
that to wipe out the abuse of opium international cooperation 
was essential and necessary. Accordingly, the American Gov- 
ernment proposed the First International Opium Conference 
to be held at The Hague in 1911. The American proposal 
again met with favor, and the Conference held its sessions at 
The Hague from December 1, 1911, to January 22, 1912. As 
a result of discussion and investigation, the Conference adopt- 
ed a number of articles, all embodied in what is known as the 
International Opium Convention. 19 

is As to the laws and administrative measures adopted by China, see, 
supra, ch. III. As to the laws enacted by the United States, see, infra, 
pp. 94-101. 

i» The International Opium Convention of 1912 may be found in full 
in Senate Documents, 1911-1912, vol. 39, no. 733, pp. 32-37, or in Ac- 
counts and Papers, 1912-1913, vol. 121. 



TEE INTERNATIONAL MOVEMENT 79 

Inasmuch as there was considerable confusion in regard to 
the different kinds of opium and its derivatives, the Conven- 
tion started with a series of definitions of these substances. 
Eaw opium is defined as "the spontaneously coagulated juice 
obtained from the capsules of the poppy" (papaver somni- 
ferum) ; 20 prepared opium as the product of raw opium, 
obtained by a series of special operations, especially by dis- 
solving, boiling, roasting, and fermentation, designed to trans- 
form it into an extract suitable for consumption. 21 All raw 
opium heated to 60 degrees Centigrade and containing not 
less than 10 per cent, morphia comes under the category of 
medicinal opium. 22 Morphia, cocaine, and heroin are defined, 
respectively, as the principal alkaloid of opium, having the 
•chemical formula CitHwNO*; the principal alkaloid of the 
leaves of erythroxylon cocoa, having the formula CnHnNOs 
and diacetyl-morphia, having the formula CziHmNO*. 23 

While raw opium may be used for the manufacture of 
medicinal opium, prepared opium has only one use, namely, 
smoking. The two therefore require separate treatment on 
account of the difference in their use. The one can do no 
harm under strict governmental control, but the other is an 
abuse in itself. The Convention therefore provides that the 
contracting parties shall make effective laws and regulations 
for the control and distribution of raw opium, but they must 
take measures for the gradual suppression of the manufacture 
of, internal trade in, and use of prepared opium with due 
regard to the varying circumstances of each country con- 
cerned. 24 

As to the international aspects of the opium trade, the 
Convention requires that the contracting parties shall adopt 
measures to prevent the export of raw opium to countries 

20 Chapter I. 

21 Chapter II. 

22 Chapter III. 
83 ibid. 

«* Article I, Article VI. 



80 OPIUM TRAFFIC IN ITS INTERNATIONAL ASPECTS 

which prohibit its entry, and to control the export of raw 
opium to countries which restrict its import, 25 and that they 
shall prohibit the export and import of prepared opium ex- 
cept as regards those countries which are not yet ready so to 
do. 26 In the latter case, the contracting parties shall under- 
take to prohibit the export of prepared opium to countries 
forbidding its entry or restricting its import unless the ex- 
porter complies with the regualtions of the importing coun- 
try 27 In the case of raw opium as well as prepared opium, 
the contracting parties shall limit the number of towns or 
ports through which the drug is exported, and confine the 
export and import of such drug to duly authorized persons. 28 

As regards medicinal opium, morphia, cocaine and its salts, 
the contracting parties shall make pharmacy laws to confine 
their use to medicinal and legitimate purposes. 29 Further- 
more, the contracting parties shall require all persons en- 
gaged in the manufacture, sale, distribution, import, and ex- 
port of morphia, cocaine and its salts to obtain a license from 
the governmental authorities, and confine the delivery of 
such drugs to duly authorized persons. 30 The pharmacy laws 
that the contracting parties are required to enact shall be 
applicable to the so-called anti-opium remedies containing 
more than 0.2% morphia or more than 0.1% cocaine. 31 

Under the leadership of the United States, the First Inter- 
national Opium Conference was just as anxious as the Inter- 
national Opium Commission of 1909 to assist China in carry- 
ing her anti-opium campaign to a successful conclusion. With 
this purpose in view the Conference incorporated in the Con- 
vention a series of articles specially designed to aid China. 

25 Cf . Article III, Article VII. 

26 Article VII, Article VIII. 
2T Article VIII. 

28 Articles II, V, VIII. 
as Article IX. 
so Article X, Article XI. 
si Artiele XIV. 



THE INTERNATIONAL MOVEMENT 81 

Under the terms of the Convention, the contracting parties 
having Settlements or Concessions in China shall take meas- 
ures to prevent the smuggling into Chinese territory of raw 
and prepared opium, morphia, cocaine and its salts ; close the 
opium dens in the Settlements or Concessions; reduce the 
number of shops where raw and prepared opium is sold; 
prohibit the illegal import into China in the form of postal 
packages or illegal transmission through these offices from 
one place in China to another of raw and prepared opium, 
morphia, cocaine, and similar substances. 32 On her part, 
China shall make pharmacy laws regulating the sale and dis- 
tribution of morphia, cocaine and similar substances, which 
laws may be applied, if found acceptable, by the Treaty Pow- 
ers to their nationals residing in China. 33 

These are, in brief, the chief provisions of the International 
Opium Convention of 1912. It is to be noticed that the Con- 
vention embodies many of the views expressed by the Inter- 
national Opium Commission of 1909. That part of the Con- 
vention which relates to the international trade in opium was 
almost entirely copied from the resolutions of the Interna- 
tional Opium Commission. 34 As to the measures devised to 
aid China, the Conference reiterated the views of the Com- 
mission of 1909. 35 But the Convention contains new provi- 
sions which aim to suppress the trade in prepared opium, to 
bring the raw opium traffic under strict governmental control, 
and to confine the narcotic drugs to medicinal and legitimate 
purposes. These are the chief aims of the Conference which 
require for their realization strict supplementary legislation 
as well as effective administrative measures to be undertaken 
by the Governments concerned. Whether the respective Gov- 
ernments will enact the necessary laws and adopt the neces- 
sary administrative measures is a supreme test of their 
sincerity towards the nefarious traffic. 

32 Articles XV, XVII, XVIII, XIX. 

33 Article XVI. 

34 Cf. supra, notes 13, 25, 27, 28. 

35 Cf. supra, notes 15, 16, 17, 32, 33. 



82 OPIUM TBAFFIC IN ITS INTEBNATIONAL ASPECTS 

The Powers represented at the First International Opium 
Conference were Germany, the United States of America, 
China, France, Great Britain, Italy, Japan, the Netherlands, 
Persia, Kussia, Portugal, Russia, Siam. All these Powers 
signed the International Opium Convention, some of them 
with reservations. 36 Since a large number of important Pow- 
ers did not participate in the Conference and their coopera- 
tion was deemed necessary for the success of the international 
anti-opium campaign, the Government of the Netherlands was 
requested to extend invitation to all the Powers who had not 
signed the Convention. 37 

As to the ratification of the Convention, the Government of 
the Netherlands was requested to invite all the Powers who 
had signed the Convention to ratify it. ' ' In the event of the 
signature of all the Powers not having been obtained on the 
date of the 31st December, 1912, the Government of the Neth- 
erlands will immediately invite the Powers who have signed 
by that date to appoint delegates to examine at The Hague the 
possibility of depositing their ratifications notwithstanding". 38 
The Convention was to come into force three months after the 
date mentioned in the notification 39 by the Government of 
the Netherlands. 40 

In the final protocol the Conference urged the Universal 
Postal Union to regulate the transmission through the post of 
raw opium, morphia, cocaine and its salts, and to prohibit the 
transmission of prepared opium — a step that was designed 
to prevent the post from being used for illegal purposes. 

36 Great Britain signed the Convention with this reservation : His 
Majesty's Government reserve the right to sign or denounce separately 
the said Convention in the name of any Dominion, Colony, Dependency, 
or Protectorate of His Majesty other than British India, Ceylon, the 
Straits Settlements, Hong Kong, Weihaiwei. 

37 Article XXII. 

38 Article XXIII. 

39 In the event of any ratification being deposited the Government of 
the Netherlands should notify the same to the Governments concerned. 

40 Article XXIV. 



TEE INTERNATIONAL MOVEMENT 83 

In accordance with, article 22, the Government of the Neth- 
erlands sent out invitations to all the Powers that did not sign 
the Convention. As a result, a large number of additional 
signatures was secured. These were Costa Rica, Guatemala, 
Belgium, 41 Mexico, Luxemberg, Panama, Ecuador, Honduras, 
Salvador, Hayti, Venezuela, Brazil, Argentina, the Dominican 
Republic, Portugal, Denmark, Colombia, Cuba, Bolivia, Chili, 
Nicaragua, Peru, Sweden, Norway, Montenegro, Roumania, 
Switzerland. The Powers that did not sign the Convention 
up to December 31, 1912, were Austria-Hungary, Uruguay, 
Servia, Bulgaria, Greece, and Turkey. 42 Among the Powers 
who did not sign Turkey was the most important in view of 
the fact that Turkey produced large quantities of opium. 

The Powers that were vitally interested in the Convention 
were China, the United States, and Great Britain. China was 
just struggling against all odds and obstacles to put an end to 
the opium evil within her borders. No doubt she was the 
most anxious to see the Convention put into force. The posi- 
tion of the United States was a little different. Actuated by 
humanitarian motives, the United States desired to wipe out 
the abuse of opium the world over. As an evidence of this, the 
United States Government launched the two international 
movements, namely, the International Opium Commission of 
1909 and the First International Opium Conference of 1911- 
1912, and appropriated liberal sums for carrying on the move- 
ments. To Great Britain the putting into force of the Con- 
vention meant a tremendous sacrifice of revenue in India since 
such an act would entirely cut off one of its chief sources, 
namely, the opium traffic. It was but natural that Great 
Britain hesitated to ratify the Convention or put it into force 
immediately, unless it could be proved beyond doubt that all 
the Powers occupying a similar position were willing and 
ready to make the same sacrifice in the interests of morality 
and decency. 43 

4i Belgium signed the Convention with reservation as to Belgian Congo. 

42 Accounts and Papers, 1914, vol. 71, pp. 20, 21. 

43 Cf . infra, note 44. 



84 OPIUM TRAFFIC IN ITS INTERNATIONAL ASPECTS 

In accordance with article 23 of the Convention, a Second 
International Opium. Conference was convoked by the Gov- 
ernment of the Netherlands, on July 1, 1913, with a view to 
discuss the possibility of ratifying the Convention. Twenty- 
five Powers participated in the Second International Opium 
Conference. 

In his instructions to the British delegation to the second 
Conference, Sir Edward Grey said that the object of the Con- 
vention ' 'could not be adequately carried out by a small num- 
ber of Powers represented, especially in view of the fact that 
some of the non-represented Powers occupied a very important 
position in regard to the questions under discussion, as for 
instance Turkey in regard to opium, and Peru and Bolivia in 
regard to cocaine". 44 Sir Edward Grey, however, instructed 
the British delegation to make it clear to the other delegations 
that hesitation on the part of the British Government to ratify 
the Convention should not be interpreted as a refusal but 
simply a postponement. 45 This was the attitude of Great 
Britain towards ratification of the Convention at the second 
Conference. 

Great Britain was, however, not the only Power that ad- 
vanced plausible reasons for refusing the much needed ratifi- 
cation. There was a number of Powers that refused to ratify 
the Convention on various grounds. Austria-Hungary, Nor- 
way and Sweden refused to ratify on the ground that under 
their constitutions they could not ratify until the enactment 
of new laws and regulations which were necessitated by the 
Convention. Switzerland took the ground that she need not 
ratify the Convention because her federal and cantonal laws 
in regard to the manufacture and sale of opium, morphia, 
cocaine and its salts, were already sufficiently strict to insure 
the prevention of abuses, thus rendering her cooperation 
valueless. A few other small Powers also refused to ratify 
for irrelevant reasons. 

44 Accounts and Papers, 1914, vol. 71, p. 1. 

45 Accounts and Papers, 1914, vol. 71, p. 3. 



TEE INTERNATIONAL MOVEMENT §5 

The position taken by the British delegation at the Confer- 
ence perhaps discouraged some of the Powers represented who 
would be glad to ratify had Great Britain, the most interested 
in the opium traffic, ratified without suspicious hesitation. 46 
Following Great Britain's lead, Germany hesitated to ratify 
for the same reason, viz., Peru's refusal; Peru, however, 
agreed to ratify as a result of representations which the 
American Government made to that country. 47 The poppy 
was not grown in Germany for opium, nor was opium an 
acute problem within her borders. Therefore, Germany's re- \ 
fusal to ratify may be attributable to indifference and apathy. 

As a result of long discussions, the Conference passed reso- 
lutions urging all Powers who had refused to jratify to do so, 
and in the event of the signature of all Powers invited not 
having been obtained by December 31, 1913, the Government 
of the Netherlands should immediately request all signatory 
Powers to appoint delegates to examine at The Hague into the 
possibility of putting the Convention of 1912 into force. 48 

The Second International Opium Conference fell far short 
of the results expected of it, namely, the acceleration of rati- 
fication. It did no more than the first Conference of 1911 in 
regard to the practical side of the question. As a whole, the 
opium situation was still left where it had been, except in 
China and the United States, where much of the evil arising 
from opium was mitigated by legislative and administrative 
measures. 49 It is unfortunate that so laudable a plan as the 
International Opium Convention should have failed to receive 
the prompt ratification of all the Powers. 

For the purpose of examining into the possibility of putting 
the International Opium Convention into force a Third Inter- 
national Opium Conference was convoked by the Government 

<• As to this point, see Accounts and Papers, 1914, vol. 71, p. 11. 

•*? Senate Documents, 1913, vol. 21, no. 157, p. 20. 

^s Report of the British Delegation, in Accounts and Papers, 1914. 
vol. 71. 

*9 Cf. supra, ch. IV, and infra, ch. VI, pp. 94-101. 



86 OPIUM TEAFFIC IN ITS IN TEEN AT ION AL ASPECTS 

of the Netherlands at The Hague, on June 15, 1914. The 
Conference was composed of representatives from thirty dif- 
ferent countries and held its sessions from June 15 to June 25, 
1914. Much headway was made towards ratification. The 
United States, Belgium, China, Denmark, Guatemala, Italy, 
Portugal, Siam, Sweden, Venezuela, Honduras ratified, and 
Great Britain, Japan, the Netherlands, Persia were ready to 
ratify. 

The Powers that were prepared to ratify, subject to the 
consent of their Parliaments, were Argentina, Brazil, Chile, 
Ecuador, Spain, Hayti, Luxemberg, Mexico, Costa Rica, 
France. 50 The Powers that had not yet announced their in- 
tention to ratify were Germany, the Dominican, Monte- 
negro, Roumania, Russia, 51 Salvador, Switzerland, Uruguay, 
Bolivia, Bulgaria, Colombia, Cuba, Peru, Nicaragua, Nor- 
way, Panama, Paraguay, Greece. Austria-Hungary an- 
nounced her intention to ratify the Convention. The Powers 
that had refused to sign were Turkey, for economic reasons; 
and Servia, who announced that she had not been able to 
study the opium question sufficiently. 52 

Among the Powers who had refused or hesitated to ratify 
the Convention, Great Britain, Turkey, Bolivia, and Peru 
merited special attention in view of the fact that British 
India and Turkey produced large quantities of opium, while 
the latter two countries raised cocaine which had already be- 
come a subject of serious discussion and prohibition. With 
these important countries staying out of the Convention, it 
would be well-nigh impossible to carry out its object, as Sir 
Edward Grey pointed out. 53 The true reasons for the refusal 
on the part of certain powers to ratify may be found in the 

so With reservation as to Indo- China and India. 

si Eussia intimated that she would ratify the Convention as soon as its 
application became sufficiently general to be effective. 

«2Beport of the British Delegation, in Accounts and Papers, 1914- 
1916, vol. 83, pp. 11, 12. 

63 Cf. supra, note 44. 



c 



THE INTEBNAT10NAL MOVEMENT 8? 

observation of M. Marcellin Pellet, French delegate to the 
Third Conference, who is credited with expressing the view 
that to put the Convention into force without adhesion of all 
the Powers would create a commercial monopoly highly re- 
munerative to the non-adherent states. 54 

As the Conference was convoked to examine the possibility 
of putting the Convention into force, so it had to grapple with 
the delicate question whether it would be possible to carry the 
Convention into effect with adhesion of all the Powers in- 
vited. Of the thirty Powers represented at the Conference, "1 
twenty-five voted for the question in the affirmative, Germany 
and Portugal being the only Powers against it. 55 According- 
ly, the Conference expressed the opinion that it is possible to 
bring the Convention into force notwithstanding the fact that 
certain Powers had not yet signed it. The Conference ex- 
pressed the further opinions that the Convention should come 
into force as provided for by article 24 of said Convention ; 56 
that on and after December 31, 1914, Powers that have signed 
and ratified it shall bring it into force; 57 that any Power 
might adhere to it. The Conference decided to open at The 
Hague a protocol in which any Power may declare its inten- 
tion of putting the Convention into force. It also passed by 
unanimous vote a resolution to the effect that the Minister 
for Foreign Affairs of the Netherlands Government should be 
requested to make, in the name of the Conference, ' ' an urgent 
and respectful" representation to the signatory Powers to 
ratify the Convention. 58 

Before the adjournment of the Third International Opium 
Conference, only eleven Powers, including China and the 
United States, ratified the International Opium Convention 

5* Accounts and Papers, 1914-1916, vol. 83, p. 4. 
as Accounts and Papers, 1914-1916, vol. 83, p. 8. 
se See, supra, notes 39, 40. 

87 The Powers shall do so without awaiting ratification from other 
Powers. 

cs Accounts and Papers, 1914-1916, vol. 83, p. 16. 



88 OPIUM TBAFFIC IN ITS INTERNATIONAL ASPECTS 

without reservation. But subsequently, seven more Powers 
joined, viz., Great Britain, the Netherlands, Norway, Brazil, 
Nicaragua, Ecuador, Uruguay. 59 If it were not for the fact 
that the outbreak of the world war rendered international co- 
operation impossible, a majority, if not all, of the Powers 
would probably have ratified the Convention. The Powers 
that signed the special protocol 60 at The Hague were, the 
United States, China, the Netherlands, Norway, Honduras. 
As to Great Britain, Lord R. Cecil, Secretary of State for 
Foreign Affairs, announced in the House of Commons, on 
October 24, 1918, that "His Majesty's Government are still 
considering the question of putting into force some or all of 
the articles of the International Opium Convention without 
waiting for its ratification by all the Signatory Powers". 61 
Of the Powers that ratified the Convention only two carried 
out their pledges to the letter. These are the United States 
and China. On December 17, 1914, Congress passed the so- 
called Harrison Act which brings under governmental control 
all persons engaged in the manufacture, distribution, sale, im- 
portation or exportation of opium, coca leaves, or any com- 
pound or salt or derivatives thereof. 62 In China the anti- 
opium campaign produced satisfactory results in spite of 
political chaos. 63 Judging from the Harrison Act and the 
subsequent regulations issued by the Treasury Department, it 
is safe to say that the United States proved to be the true 
leader in the international crusade. As to Great Britain, it 
may be questioned whether the war of 1914 was wholly re- 
sponsible for her delay in considering the question of putting 
into force the Convention which she had ratified. As the 
Government of India has been and still is expanding the area 

o» Lord Eobert Cecil is the authority for this statement. See Parlia- 
mentary Debates, Commons, 1918, vol. 110, pp. 893, 894. 

«o See, supra, p. 86. 

«i Parliamentary Debates, Commons, 1918, vol. 110, p. 894. 

62 See, infra, p. 98 ff. 

•a See, infra, eh. VII. ^ 



TEE INTERNATIONAL MOVEMENT 89 

under poppy cultivation in India, 64 it may be doubted wheth- 
er Great Britain would in the near future contemplate meas- 
ures to prohibit the traffic in Indian opium. 

From a practical point of view, the results of the interna- 
tional movement led by the United States are disappointing, 
since even among the Powers that ratified the Convention, 
only two, China and the United States, faithfully put it in 
force. Turkey and Persia have not ratified it. In Great 
Britain it is a dead letter, for the British Government took no 
measures to carry it into effect. The international movement, 
however, accomplished one thing, namely, the crystalization 
of a powerful public opinion against the nefarious traffic. 
The International Opium Convention was signed or adhered 
to by practically all the civilized nations of the world and 
represents a unanimous opinion against the opium trade. 
Had such an international movement taken place before the 
Opium War, England would not have dared to force the 
opium traffic upon any nation. 

»* Cf . infra, p. 106. 



CHAPTER VI 

The Opium Problem in Other Countries 

In view of the international anti-opium campaign begun in 
1909, it might be supposed that opium is an acute problem the 
world over. But this is not so. Opium is not a problem in 
the European countries ; its abuse so deleterious to the welfare 
of mankind has been and is confined largely to the Asiatic 
peoples. In Austria-Hungary, Germany, France, Portugal, 
Japan, Russia, Siam, and some of the self-governing colonies 
of England (New Zealand and South Africa), the poppy is 
not grown for opium but for other purposes. In the case of 
France, Germany, Austria-Hungary, and Switzerland, opium 
was brought from Turkey in the crude form for medicinal 
purposes only, and the importation and use of such opium 
were strictly confined to legitimate purposes by the laws of 
the respective countries. 1 

The importation and manufacture of smoking opium is a 
governmental monopoly in French Indo-China, Japan, Siam, 
and the Dutch East Indian possessions. 2 For the purpose of 
regulating the opium traffic, the French Government intro- 
duced in 1873 the so-called Farm system into Indo-China. 3 
Under this system the farmer has the exclusive right to trans- 
port, to prepare, and to sell opium in all parts of Indo-China. 
The personnel of the Farm is composed of French as well as 
native agents, both selected or appointed by the Government. 
For the purpose of selling opium the farmer may establish 
opium shops or opium divans himself, or delegate the right 
to such persons as he sees fit. In the latter case, the propri- 

i Senate Documents, 1913, vol. 21, no. 157, pp. 27-34. 

2Cf. Senate Documents, 1913, vol. 21, no. 157, pp. 32, 33, 34. 

s See, Arrete du 13 septembre 1873, portant reglement sur le commerce 
de 1 'opium. Saigon, Imprimerie du Gouvernement, 1878. 

90 



OPIUM PEOBLEM IN OTHEE COUNTEIES 91 

etors of the opium shops or opium divans must pay to the 
farmer a license fee to be determined by him. The propri- 
etors are also required to obtain from the Police Department 
a license to engage in the opium business. 4 Agents and em- 
ployees of the farmer are required to make investigations or 
inspections regarding the manufacture, sale and possession 
of opium in order to see that the provisions of the ordinance 
are strictly enforced. Violations of the ordinance are prose- 
cuted in a court of justice at the farmer's request. 5 

The farmer of course has to pay to the Government a cer- 
tain sum for the exclusive right he enjoys. The whole idea 
underlying the Farm System is that with the cooperation and 
assistance of private individuals the Government can easily 
collect the revenue on opium and prevent smuggling. The 
farmer is usually a private individual, and his profits are 
derived from the sale of opium. If any smuggling is carried 
on, his profits would be reduced to that extent; and it is for 
this reason that the farmer is only too willing to aid the 
Government in preventing smuggling. 54 The French Farm 
system so beneficial to the Government has been introduced 
into many of the English Crown Colonies such as Hong Kong 
and the Straits Settlements. 

In Japan proper opium presents no problem, but in For- 
mosa the drug has debauched a large percentage of the popu- 
lation, and it is reported that the Japanese authorities in that 

* Cf . Chapitre Ier et Chapitre II of the said Arrete which is still in 
force, although amended in many minor details by subsequent arretes. 

s Chapitre V. 

sa Here a pertinent question may be asked, Why might not the farmer 
make money by himself smuggling, or conspiring with others to smuggle, 
thus increasing the profits of selling? The answer is that the farmer 
can make only legitimate profits. If he desires to make excessive profits 
by smuggling, then his profits are illegal and liable to forfeiture. More- 
over, the farmer does not have to resort to smuggling in order to realize 
a higher profit; he can, for instance, raise the price of the monopolized 
article. The farmer is usually under Government supervision, and it is 
therefore difficult for him to smuggle or conspire with others to smuggle. 



92 OPIUM TBAFFIC IN ITS INTERNATIONAL ASPECTS 

colony have taken appropriate measures to restrict the use of 
the drug. 6 Under the law of March 30, 30th year of Meiji 
(1897), the traffic in opium is in Japan herself a governmen- 
tal monopoly. 7 According to this law, any person desiring to 
manufacture opium must obtain an express permit from the 
Government, and he is required to deliver at a definite time to 
the Government all the prepared opium, for which the Gov- 
ernment will pay a certain compensation. The manufacturer 
is required to prepare the opium in accordance with the 
standard set by the Government. After the receipt of the 
prepared opium from the manufacturer, the Government 
seals it and sells it to a limited number of wholesale dealers 
for medical purposes only. These wholesale dealers, who are 
selected by the Government, are authorized to sell or distribute 
the sealed opium to retailers under the conditions laid down 
in the law. 

In the United States of America, opium was not a problem 
until recently. The tariff act passed by Congress in 1860 
legalized opium as a legitimate article of commerce. The 
importations of opium into the United States amounted to 
596,037 pounds in 1907, to 468,039 pounds in 1908, and to 
584,284 pounds in 1909. Although a large percentage of these 
imports was consumed by Chinese, it is presumed that the rest 
must have been used by Americans. 8 According to Dr. Ham- 
ilton Wright's Report, 1910, the United States collected in 
customs duties, from 1860 to April 1, 1909, nearly $27,000,000 
from the legalized importation of that vicious form of opium 
known as smoking opium. Dr. Hamilton Wright stated that 
"the use of this drug within the United States had caused an 
economic and moral degradation which could not be accurate- 
ly computed". 9 

« Cf . Senate Documents, 1905-1906, vol. 6, no. 265, see under Formosa. 

t Report of the Philippine Opium Committee, Senate Documents, 
1905-1906, vol. 6, no. 265, p. 215. The full text of the law together 
with the regulations may be found on page 215 et s. 

s See, supra, p. 74. 

9 Hamilton Wright 's Report, 1911, Senate Documents, 1911-1912, vol. 
39, no. 733, p. 29. 

I 



OPIUM PBOBLEM IN OTHEB COUNTBIES 93 

One may be startled to find that the poppy from which 
opium can be obtained is extensively cultivated in many parts 
of the United States, especially in the State of California; 
but it is cultivated not for opium but for the seeds which are 
used as food by the Syrian population and from which light 
oil may be manufactured for the making of artists' colors. 
That the preparation of opium from the poppy cultivated 
within its territory would be extensively undertaken in the 
United States seemed to Dr. Hamilton Wright to be unlikely, 
as opium can be prepared much more cheaply in other coun- 
tries, such as Turkey and Persia. 10 It may be added that in 
the United States public opinion against the misuse of the 
drug is so strong that no one would dare openly to grow the 
poppy for opium. 

Nevertheless, the opium problem has recently become more 
and more acute in the United States. In March, 1918, Mr. 
McAdoo, Secretary of the Treasury, appointed a special com- 
mittee to investigate the traffic in narcotic drugs. As a result 
of the investigations of the committee, startling facts are 
brought out, (1) that there is a steady increase in drug ad- 
diction in the large cities, especially in New York, Chicago, 
Philadelphia, and San Francisco; (2) that the smuggling of 
narcotic drugs, including opium, is extensively carried on on 
the Atlantic and Pacific Coasts; (3) that the average dose 
used in the United States is considerably larger than in any 
other country of the world. 11 

The number of drug addicts was estimated by the com- 
mittee at more than 1,000,000 in the United States. The com- 
mittee expressed the opinion that the number of addicts will 
increase under prohibition of alcoholic beverages. Accord- 
ing to the returns of the manufacturers of drugs, large quan- 
tities of narcotics were used by them : opium, 118,282 pounds ; 
morphia and derivatives, 316,130 ounces; heroin, 13,039 

10 Hamilton Wright's Report, 1910, Senate Documents, 1909-1910, 
vol. 58, no. 377, p. 35. 

11 Cf. the report of the committee which was published by the Treasury 
Department, June 12, 1919. 



94 OPIUM TBAFFIC IN ITS INTERNATIONAL ASPECTS 

ounces; diacetyl morphia, 23,859 ounces; cocaine and deriva- 
tives, 414,255 ounces. In the year of 1918, 18,299,397 pre- 
scriptions were issued by physicians. The so-called "dope 
peddlers" have an effective national organization to carry on 
smuggling, and this smuggling traffic is probably equal to the 
legitimate traffic. The annual import of coca leaves amounts 
approximately to 150,000 ounces — an amount that is suffi- 
cient to furnish every man, woman and child with two and a 
half doses. Seventy-five per cent, of the import has been used 
for illicit purposes. 

The average dose of opium is one grain. The amount of 
opium consumed in the United States per annum is sufficient 
to furnish 36 doses for every man, woman and child. The 
per capita annual consumption of the drug in the United 
States is considerably higher than in other countries as is 
shown by the following table. 12 

PEE CAPITA ANNUAL CONSUMPTION 



COUNTRY 


ANNUAL QUANTITY OF 
OPIUM IMPORTED 


ANNUAL CONSUMPTION 
PER CAPITA 


United States 

Germany 

France 

Italy 

Portugal 

Holland 

Austria-Hungary 


470,000 pounds 

17,000 " 

17,000 " 

1,000 " 

2,000 " 

3,000 " 

3000 to 4000 lbs. 


36 grains 

2 " 

3 " 
1 " 

2V 2 " 
3V 2 " 
Vi to % grain 



In New York City the illicit use of narcotic drugs, includ- 
ing opium, constitutes at the present time a great menace. 
The municipal authorities are active, but little has been ac- 
complished in the way of preventing the spread of the evil. 
In regard to the local drug situation Dr. Royal S. Copeland, 
Commissioner of Health of the city, says : 

"You will find them [drug addicts] among lawyers, judges, 
doctors, in fact, in every layer of society. In the underworld 
of New York you will find 10,000 drug addicts, and every 

i 2 The table is an abstract of the report of the Committee, op. cit. 



OPIUM PBOBLEM IN OTHER COUNTRIES 95 

erime of violence committed you may know has been perpe- 
trated by one of them. It is safe to say that in all New York 
one person in thirty is a victim." 13 

In the course of a month one drug store sold 500 ounces of 
cocaine — an amount quite sufficient to debauch 2,500 people. 
Unscrupulous physicians wrote from 100 to 200 prescriptions 
a day at the rate of 25 cents a prescription. In February, 
1919, the sales of narcotic drugs grew to such an extent that 
the wholesale dealers were obliged to limit the retailers in the 
quantity that could be supplied. 14 

It is thus clear that the laws which Congress has suc- 
cessively passed to deal with the problem in the United States 
are very inadequate for the prevention or mitigation of the 
evils arising from the use of opium. The vital mistake made 
by Congress, in legalizing the opium traffic by the tariff act of 
1860, has been corrected only to a certain extent. The Act of 
February 23, 1887, which prohibited subjects of the Emperor 
of China from importing opium into the United States, 15 
under penalty of a fine of from $50 to $5,000 and forfeiture 
of the merchandise, 16 also forbade under like penalty citizens 
of the United States to traffic in opium with China; 17 but as 
this Act was passed merely to carry into effect the treaty 
concluded with China in 1880, the prohibition was effective 
only as between the two countries, and opium could still be 
imported into the United States from other quarters. 

The determined effort of China in 1906 to destroy the 
opium evil, root and branch, no doubt exercised a certain in- 
fluence upon such a moral nation as the United States, where 
the like evil had become so strikingly manifest. Congress 
passed an act in 1909 to prohibit except for medicinal pur- 
poses the importation into the United States of opium in any 

33 The New York Times, March 31, 1919, p. 8, column 3. 

14 ibid. 

15 Act of February 23, 1887, ch. 210, 24 Stat. L. 409, Section 1. 

16 ibid, Section 2. 

17 ibid, Section 3. 



96 OPIUM TBAFFIC IN ITS INTEBNATIONAL ASPECTS 

form or any preparation or derivative thereof. 18 It was 
doubted whether Congress had power to prohibit the impor- 
tation of opium into the United States, but in a decision of 
1915 the Supreme Court of the United States said that the 
question of constitutionality in such a case was frivolous. 19 
Congress has power, according to the opinion of the Court, to 
prohibit opium under the authority to regulate commerce 
with foreign nations. 20 

If any person shall illegally import or assist in importing 
opium or its derivatives into the United States, or shall re- 
ceive, conceal, buy, sell, or in any manner facilitate the 
transportation, concealment, or sale of such opium or its 
derivatives after importation, "knowing the same to have 
been imported contrary to law", he is punishable by a fine 
of from $50 to $5,000, or by imprisonment not exceeding two 
years, or by both, and the opium illegally imported is to be 
forfeited and destroyed. Possession of such opium is deemed 
sufficient evidence for conviction, unless the contrary can be 
proved to the satisfaction of the proper authorities. 21 In 
the opinion of the Attorney-General, this provision authorizes 
the summary destruction, without judicial proceedings, of 
opium imported into the United States contrary to the law. 22 

No smoking opium is to be admitted into the United States 
or the territory under its jurisdiction, nor may such opium be 
transferred from one vessel to another in the territorial waters 
of the United States for immediate exportation or any other 
purpose. 23 

The Act of Congress of 1909 prohibited not only the impor- 
tation of opium into the United States but also its exportation 

is Act of February 9, 1909, ch. 100, 35 Stat. L. 614 ff, Section 1. 
is Cf. Brolan v. U. S. (1915), 236 U. S. 216. 
20 See Steinfeldt v. U. S. (1915), 219 Federal Beporter 879. 
2i Act of February 9, 1909, Section 2. 

22 29 (1912) Opinions of Attorney-General 603. 

23 Act of February 9, 1909, Section 5. 



OPIUM PROBLEM IN OTHER COUNTRIES 97 

to other countries. Citizens of the United States were for- 
bidden to export from the United States or territories under 
its jurisdiction, or from countries where the United States 
exercises extra-territorial jurisdiction, any opium or its de- 
rivatives to any other country except such countries as do not 
prohibit but regulate its entry. Under no condition can pre- 
pared opium be exported from the United States or its terri- 
tories or possessions. 24 Offenders are punishable by a fine of 
from $50 to $5,000, or by imprisonment not exceeding two 
years, or by both. 25 Persons giving information leading to 
the discovery of violations may be rewarded with half of the 
fine at the discretion of the court. 26 Vessels arriving at 
American ports are liable to forfeiture if opium is found on 
board. 27 

To sum up, the Act of February 9, 1909, prohibits the 
importation of opium into the United States except for medic- 
inal purposes and its exportation from the United States 
except to countries where no ban is placed upon its entry. 
In the case of smoking opium, the Act prohibits its impor- 
tation and exportation absolutely. All persons are forbidden 
to transport or conceal or deal in the illegally imported opium. 
But none of the provisions of the Act prohibits the use of 
opium for smoking purpose. 

On January 17, 1914, Congress passed an Act imposing an 
internal-revenue tax of $300 per pound upon all opium manu- 
factured in the United States for smoking purposes. 28 The 
Act confines the right to engage in such manufacture to 
citizens of the United States. To exercise this right all appli- 
cants must give bond to the Commissioner of Internal Rev- 
enue. Every person who prepares opium for smoking 
purposes from crude opium, or from any preparation thereof, 

24 Act of February 9, 1909, Section 6. 

26 ibid, Section 7. 
20 ibid, Section 7. 

27 ibid, Section 8. 

28 Act of January 17, 1914, ch. 10, 38 Stat. L. 277 if. 



98 OPIUM TRAFFIC IN ITS INTERNATIONAL ASPECTS 

or from the residue of smoked or partially smoked opium is 
regarded as a manufacturer of opium. 29 But merely adding 
water to an extract of opium which is itself suitable for smok- 
ing is not a manufacture of opium within the meaning of the 
Act. 30 

Every manufacturer is obliged to file with the collector of 
internal revenue of the district in which his factory is located 
such notices, inventories, and bonds, to keep such books and 
render such returns of material and products, and to conduct 
his business under such surveillance of officers and agents of 
the Government as the Commissioner of Internal Revenue, 
subject to the approval of the Secretary of the Treasury, may 
by regulation require. A bond, accompanied with satisfac- 
tory sureties, of not less than $100,000 is required of all manu- 
facturers of opium, and the sum of the bond may be increased 
from time to time and additional sureties required should the 
Commissioner so order. 31 But the Commissioner of Internal 
Revenue has no power to require bonds of aliens who may 
engage in the manufacture of opium in the United States. 
The court says in part: "As the statute of January 17, 1914, 
restricted the right of manufacture of opium for smoking 
purposes to citizens of the United States the Commissioner 
of Internal Revenue can not require a bond of aliens". 32 

Under this Act, the possession of opium materials and 
opium utensils is strong evidence that there is an intention 
on the part of the possessor to supply himself with opium. 33 
To constitute an offense under the Act the Commissioner of 
Internal Revenue must show the existence of the regulations 
prior to the commission of the offence. 34 

«* ibid, Section 1. 

3<>Seidler v. U. S. (1915), 228 Federal Reporter 336. 

3i Act of January 17, 1914, Section 2. \ 

32 Lee Mow Lin v. U. S. (1917), 240 Federal Reporter 408. 

33 Tan Shi Jan v. IT. S. (1915), 224 Federal Reporter 422. 

34 Chin Sing v. U. S. (1915), 227 Federal Reporter 397. 



OPIUM PBOBLEM IN OTHEE COUNTRIES 



99 



Apparently, the Act of January 17, 1914, was primarily 
intended to regulate the manufacture of smoking opium in 
the United States. With this purpose in view it sets forth 
the conditions under which the right to manufacture such 
opium may be exercised. But it seems preposterous to pro- 
hibit the importation of smoking opium from without while 
permitting its manufacture within, if the prohibition is based 
upon the fact that the smoking of opium is a great debauch- 
ing evil, causing moral and physical degradation. The busi- 
ness ought to have been prohibited under all circumstances. 

The Act of 1909 forbade importation except for medicinal 
purposes as well as exportation, saying nothing about the 
governmental control to be exercised over the traffic. The 
Act of January 17, 1914, being solely intended to regulate 
the manufacture of smoking opium in the United States, is 
likewise silent on this point. But by Act of December 17, 
1914, generally known as the Harrison Act, the importation 
and distribution of opium are brought under strict govern- 
mental control. 35 

Under the Harrison Act every person who produces, im- 
ports, manufactures, deals in, dispenses, or gives away opium 
or coca leaves, or any compound or salt or derivative thereof, 
must register with the collector of internal revenue of the 
district in which his office or factory is located. At the time 
of such registry, and on or before July 1 in each year, he is 
required to pay to the collector of internal revenue a special 
tax of $1.00 (one dollar) per annum. The word person as 
here used includes corporations as well as natural persons. 36 
The employees of the persons so registered are not required to 
register. But registration is required of members of a cor- 
poration or firm who conduct the business separately. 37 

35 The text of the Act may be found in Ch. 1, 38 Stat. L. 785. 

36 Act of December 17, 1914, Section 1. 

37 Internal Revenue Regulations, No. 35, revised May 4, 1916. These 
Regulations were issued by the Commissioner of Internal Revenue under 
the direction of the Secretary of the Treasury. 




100 OPIUM TBAFFIC IN ITS INTERNATIONAL ASPECTS 

Government officers, Federal, State or Municipal, or any other 
public officers in territories under the jurisdiction of the 
United States, who are engaged in making purchases of nar- 
cotic drugs for the Navy or Army, the Public Health Service, 
Government hospitals and prisons are not required to regis- 
ter. 38 Registration is, however, required in cases where the 
exempted Government officers are engaged in a private busi- 
ness or the practice of a profession in which the drugs are 
sold or distributed. 40 Mere consumers of the regulated drugs 
and possession of the same for their own use do not come 
within the purview of the Act. 41 

The Harrison Act not only requires registration of all per- 
sons engaged in the traffic in narcotic drugs including opium 
but brings the distribution of such drugs under strict govern- 
mental control. Under the Act no one can sell the regulated 
drugs except on a written order from the person to whom the 
drug is sold, the forms of order to be issued in blank by the 
Commissioner of Internal Revenue. The vendor must keep 
the order and the buyer the duplicate order for two years in 
such a way as to be easily accessible to inspection by the 
proper Government officers. 

The Act, however, makes a few exceptions to this rule. 
The written order may be dispensed with: (1) when the dis- 
tribution of the drugs is made by a physician or a dentist or 
a veterinary surgeon properly registered; (2) when the sale 
is made by a dealer to a consumer on a duly signed prescrip- 
tion from a physician or a dentist or veterinary surgeon, but 
the physician or dentist or veterinary surgeon must keep a 
record of the drugs sold or distributed for two years for 
Government inspection; (3) when the sale is made to foreign 
countries under such regulations as the importing countries 
may see fit to prescribe; (4) when the drugs are purchased 
by public officers for the use of the Government. 42 Under the 

38 Harrison Act, Section 1. 

*o Internal Revenue Regulations, No. 35, article 1. 
*i U. S. v. Woods, 224 Federal Reporter 278. 
42 Harrison Act, Section 2. 



OPIUM PROBLEM IN OTHER COUNTRIES 101 

regulations issued by the Commissioner of Internal Revenue, 
court officers, in selling narcotic drugs under judicial proceed- 
ings, must prepare a complete inventory of such drugs and 
make the sales in accordance with the rules governing the 
ordinary distribution. 43 

The order-forms for procuring the drugs are prepared by 
the Commissioner of Internal Revenue and are sold by collec- 
tors of internal revenue at the rate of one dollar per hundred 
only to persons duly registered and having paid the special 
tax. Such order-forms are not transferable from one person 
to another. 44 Prescriptions containing an unreasonably large 
quantity of any of the drugs in question constitute a violation 
of the Act. 45 Opium, coca leaves and other narcotic drugs 
may be purchased for stocking medicine chests and dispen- 
saries maintained on board ocean-bound vessels and vessels 
engaged in trade between ports of the United States, and on 
vessels belonging to the various Departments of the United 
States Government, upon the approval of commissioned med- 
ical officers and acting assistant surgeons of the United States 
Public Health Service. If a duly registered physician is 
employed on board a vessel, the necessary medical supply may 
be purchased only upon his order. 46 

In supervising the traffic in narcotic drugs the first step of 
the Government is to control the persons engaged in the traf- 
fic. To this end registration is required of all such persons. 
The second step is to control the sale and distribution of the 
drugs with a view to confining them to legitimate purposes. 
The Harrison Act, therefore, requires that all purchases of 
the drugs shall be preceded by a written order of the pur- 
chaser or by a prescription, and that only duly registered 
persons and persons having paid the special tax can obtain 
the necessary supply, except persons under a physician 's care. 

*a Internal Revenue Regulations, No. 35, article 5. 
44 Harrison Act, Section 2. 

« U. S. v. Curtis (1916), 229 Federal Keporter 288. 
4« Internal Revenue Regulations, No. 35, p. 18. 



102 OPIUM TRAFFIC IN ITS INTERNATIONAL ASPECTS 

The third step of the Government is to see that the law is 
strictly enforced. For this purpose the Harrison Act requires 
that all dealers in the drugs shall within three months render 
to collectors correct and true returns as to the quantity re- 
ceived, and that all prescriptions, duplicate order-forms, and 
returns filed with the collectors of internal revenue shall be 
inspected by agents of the Treasury Department, or State and 
municipal officers, or any other public officers charged with 
the enforcement of the ordinances regulating the sale and 
distribution of the drugs. Certified copies of the returns 
must be furnished by collectors of internal revenue to the 
inspection officers on request. 47 

The Harrison Act does not apply to decocainized coca 
leaves, preparations containing not more than two grains of 
opium nor more than one-fourth of a grain of morphia, nor 
more than one-eighth of a grain of heroin, nor more than one 
grain of codeine, provided that such preparations are sold as 
medicines and not for the purpose of evading the Act. 48 

The Harrison Act went into effect on March 1, 1915. All 
unregistered persons are forbidden to traffic in narcotic drugs 
and to have any of these drugs in their possession or under 
their control, 49 Such possession or control constitutes pre- 
sumptive evidence that the law is violated in that respect, 
unless the contrary can be proved beyond all doubt. 50 Per- 
sons violating any provision of the Act are liable to a fine of 
not more than $2,000, or imprisonment not exceeding two 
years, or both. 51 

Congress appropriated $150,000 to enforce the Harrison 
Act, but in view of the operations of the Act and the results 
it has achieved, it seems safe to say that the Act is inadequate 
and defective in many respects. In the first place, the Act 

*7 Harrison Act, sections 3 and 5. 

48 ibid, section 6. 

49 ibid, sections 4 and 8. 
so ibid, section 8. 

51 ibid, section 11. 



OPIUM PROBLEM IN OTHEB COUNT MIES 103 

failed to curtail the use of narcotic drugs for illicit pur- 
poses. 518 In the second place, it does not make any provision 
for the limitation of the amount of the drugs to be sold to 
individuals in need of them. In the third place, provision 
should be made for concerted action of the Federal and munic- 
ipal authorities in supervising sales of the drugs to individ- 
uals. The abuse arises from the retail sale by drug stores or 
other selling agents. It is thus obvious that elaborate and 
strict administrative measures should be immediately devised 
to strike the evil in the distribution by drug stores or other 
retailers. At the same time restrictions should be placed upon 
the output of the drugs which are manufactured in the United 
States. 

Section 2 of the Harrison Act has already imposed restric- 
tions upon the distribution of the drugs. Whether Congress 
can enact further legislation in this direction is a delicate 
constitutional question. Under the power to regulate foreign 
commerce, Congress can of course prohibit the importation 
and exportation of opium. As a means of securing the effec- 
tive enforcement of a prohibition against importation, Con- 
gress could probably provide for the seizure of all opium 
which had entered the country unlawfully. 52 But Congress 
can not regulate the distribution and sale within the state 
unless in connection with some other matters over which it has 
full power. The Supreme Court of the United States sus- 
tained the Harrison Act as a Federal revenue measure. As to 
the constitutionality of that part of the Act which restricts 
the distribution and sale of the drugs, the Court says : 

"If the legislation enacted has some reasonable relation to 
the exercise of the taxing authority conferred by the Consti- 
tution, it can not be invalidated because of the supposed mo- 
tives which induced it 

"The act may not be declared unconstitutional because its 
effect may be to accomplish another purpose as well as the 

*!a See, supra, p. 93. 

52McDermott v. Wisconsin, 228 U. S. 115, Brolan v. United States, 
236 U. S. 216. 



104 OPIUM TBAFFIC IN ITS INTERNATIONAL ASPECTS 

raising of revenue. If the legislation is within the taxing 
authority of Congress — that is sufficient to sustain it. . . 

"52a 

The reasoning of the Court appears to be very weak. Should 
its opinion be carried to a logical conclusion, then Congress 
can control many things reserved to the state by levying a tax 
upon them. Furthermore, it can not be said that the written 
order as required by the Harrison Act is necessary for the 
raising of revenue. It is therefore clear that the relation of 
the written order to the exercise of the taxing authority is 
very remote, to say the least. 

The taxing authority of Congress may in fact be exercised 
for two main purposes : either to raise revenue or to destroy 
undesirable industry or to shut out articles of foreign produce. 
While Congress can freely exercise its taxing power for the 
former purpose, there is, however, a difference of opinion as to 
whether restrictions should be placed upon the exercise of its 
taxing authority for the latter purpose. The Supreme Court 
of the United States has rendered a number of decisions to the 
effect that the taxing power of Congress may be exercised to 
procure uniformity in the legislative treatment of certain 
problems for which local state action has not sufficed. 52b 

It seems that centralized and concerted action is necessary 
for a successful nation-wide campaign against opium. While 
local state action is undoubtedly inadequate, it seems that the 
Federal Government ought to have a free hand in combating 
the spread of the opium evil, with of course the assistance of 
municipal authorities. Although it may be objected from 
the point of constitutional law that Congress should not en- 

«2a TJ. S. v. Doremus, 1919, 39 Supreme Court Keporter 214. The Court 
reached the decision by a vote of 5 to 4. Mr. Justice Day delivered the 
opinion of the Court. Chief Justice White dissented on the ground that 
the Harrison Act is an attempt by Congress to exercise a power reserved 
to the state, namely, the police power. In this dissent concur McKenna, 
Van Devanter, McReynolds J. J. 

*2b See Columbia Law Review, 1919, p. 463. Contra, Harvard Law 
Review, 1919, p. 846 ff. 



OPIUM PEOBLEM IN OTHEE COUNTEIES 1Q5 

eroach upon the police power of the state, there is, however, 
reason to believe that the Supreme Court of the United States 
may find one ground or another to sustain further congres- 
sional legislation on the opium evil in view of the fact that 
local state action is inadequate. 52c 

Opium is not regarded as a problem in British India. The 
Government of India makes no attempt to suppress either its 
production or its preparation by the natives. On account of 
the large revenue derived from the opium traffic with other 
countries, the Government of India has been and still is en- 
couraging the cultivation of the poppy and the preparation of 
opium in that country. In the year 1917-1918 the Govern- 
ment of India raised a net revenue of £1,971,516 from the 
opium traffic. 53 The principal heads of Indian revenue are 
land, opium, salt, stamps, excise, customs, income tax, opium 
contributing about 3% of the total revenue. 54 Should the 
import of opium be prohibited by all other countries, the 
Government of India would lose probably 3,000,000 pounds 
sterling a year. 54a Except under such circumstances the 
opium question apparently would not embarrass the Govern- 
ment of India. 

The opium trade in India is a Government monopoly. 
Under the opium act of 1857 all cultivators must secure a 
license from the Government, and cultivation without the re- 
quired license is illegal. 55 Landholders, police and other offi- 
cers charged with the execution of the Act are required to 

52c For further discussion on the subject, see 18 Columbia Lata Ee- 
view 459; 32 Harvard Law Eeview 846; 28 Yale Law Journal 599. 

33 Finance and Eevenue Accounts of the Government of India, 1917- 
1918, pp. 40-41. 

s* Cf. The Indian Year Bool; 1919, p. 184. Besides the principal heads 
of revenue there is a large source not so designated which contributes 
almost 20% of the total revenue. This is the receipts from railways. 

54a See The Indian Year Boole, 1919, p. 184. 

55 This Act is a local act of the Governor-General in Council. It may 
be found in The Central Provinces Code, 1918, pp. 23-25. Cf. sec- 
tion 21. 



106 OPIUM TRAFFIC IN ITS INTERNATIONAL ASPECTS 

give information as to illegal cultivation. 56 The cultivation 
of opium is prohibited in British Provinces other than the 
United Provinces, the Punjab, and Burma. In the districts 
under the Government monopoly the duly licensed cultivator 
is granted advances to prepare the land for the crop. But he 
must deliver the whole of his output of crude opium at a fixed 
price to Government agents, by whom it is despatched to the 
Government factory at Ghazipur. 57 The possession, transport, 
import and export of opium are regulated by rules framed 
under section 5, Act I of 1878 (the Indian Opium Act). 58 

The opium raised in India is known under three common 
names, viz., Bengal opium or provision opium, excise opium, 
and Malwa opium. Bengal opium or provision opium is pre- 
pared for exportation to countries beyond the seas. Excise 
opium is intended for home consumption, while Malwa opium 
is raised in the Native States for export to China. Until 1914 
Malwa opium was permitted to pass British territory with a 
pass from the Government of India, and the latter exacted a 
high price for the pass. But since 1913 no pass has been 
granted. 59 

The cultivation of the poppy and the manufacture of opium 
are under the general control of the Lieutenant Governor and 
the Board of Revenue of the United Provinces of Agra and 
Oudh, and under the immediate supervision of the Opium 
Agents of Ghazipur. In March, April, and May, the crude 
opium is delivered by the cultivators to the officers of the 
Opium Department, and weighed and tested by them. After 
each cultivator 's accounts are adjusted, the balance due is paid 
to him. Provision opium is sold by public auction in Calcutta 
under the supervision of the Bengal Board of Revenue. Ex- 
cise opium is distributed from the opium factory or Calcutta 
se The Opium Act of 1857, sections 22, 23. 

57 Progress and Conditions of India, Accounts and Papers, 1914-1916,. 
vol. 49, p. 42. 

ss Statistics of British India, 1918, vol. II, Financial Statistics, p. 159.. 

ss Cf. Progress and Conditions of India, 1913-1914, op. cit. p. 42. 



OPIUM PROBLEM IN OTEEB COUNTRIES 



107 



warehouse to the Government Treasuries, whence it is issued, 
on payment, to licensed vendors and druggists only. 60 

Although opium is not regarded as presenting a prob- 
lem in British India, its exportation creates difficult prob- 
lems for other countries where the drug can find an easy 
market. The nefarious trade is "morally indefensible", as 
the House of Commons has repeatedly declared. In spite of 
this the Government of India is contemplating a prospective 
expansion in the volume of the opium traffic. The reason 
underlying such expansion, in utter disregard of morality and 
public opinion, is too obvious. The following table shows the 
annual net revenue in rupees which the Government of India 
has collected from the sale of opium. 61 

NET REVENUE DERIVED FROM OPIUM 
In Rupees 



YEAR 


NET REVENUE 


1900-1901 


4,97,45,509 


1905-1906 


5,36,45,078 


1906-1907 


5,62,08,550 


1907-1908 


5,36,33,175 


1908-1909 


6,97,30,504 


1909-1910 


6,63,67,923 


1910-1911 


9,41,29,574 


1911-1912 


7,84,77,394 


1912-1913 


6,78,72,944 


1913-1914 


91,86,578 


1914-1915 


1,37,71,943 


1915-1916 


1,15,37,741 


1916-1917 


3,37,14,162 



In the above table it is interesting to note that in the year 
1916-1917 the net revenue derived from opium was thrice 
greater than that in the year before on account of the inflated 
price of the drug. The revenue derived from opium is not in 
the form of an excise tax but in the form of profit which the 
Government reaps from the sale of opium. The Government 

«oSee Statistics of British India, 1911-1912, part IV (b), p. 33. 

«i This table is an abstract from "Financial Statistics", 1918, p. 161. 



108 OPIUM TBAFFIC IN ITS INTEBNATIONAL ASPECTS 

of India purchases the crude opium from the cultivator and 
manufactures it into smoking opium at the Government fac- 
tory. After these and other necessary expenses are deducted 
from the proceeds of sales, the balance goes to the Government 
as a public revenue. Hence the higher the price of the drug 
the larger the governmental revenue. The following table 
shows how the system works and how large a revenue the 
Government can obtain from the sale of opium. 62 

NET REVENUE IN POUNDS 



YEAR 


1914-1915 


1915-1916 


1916-1917 


1917-1918 


Proceeds from sale 
of opium 


1,572,218 


1,913,514 


3,160,005 


3,191,800 


Expenses 


653,819 


1,143,55762a 


911,57762a 


1,253,100 


Net revenue 


918,399 


769,957 


2,248,428 


1,938,700 



It is obvious that the Government of India can earn, at 
least, 50% net profit from the sale of opium. In the year 
1916-1917 the Government earned a net profit of more than 
200%. It goes without saying that the opium trade is too 
lucrative to allow the Government readily to give it up. In 
the budget for 1918-1919 the Government of India provided 
for an expansion of the area under poppy cultivation in the 
United Provinces. 63 After 1911 the area under cultivation 
was reduced, but with the beginning of the world war it 

62 This table is compiled from the data given in ' ' Financial Statement 
and Budget", 1918-1919, p. 184. The figures for 1917-1918 differ from 
those given in "Finance and Revenue Accounts", the difference being 
due to the fact that the latter represent the revenue actually collected 
while the former represent only an estimate. See, supra, note 53. 

62a The Indian official report does not give an account for the increase 
in the expense in 1915-1916 and the decrease in 1916-1917. 

63 Cf. " Financial Statement", 1918, vol. II, p. 185. 



OPIUM PROBLEM IN OTHER COUNTRIES 



109 



steadily increased. The following table shows the reduction 
as well as the increase referred to. 64 

AEEA UNDER CULTIVATION 
(Deducting Failures) 





AREA UNDER CULTIVATION 


QUANTITY PRODUCED 




IN ACRES 


IN MOUNDS 


1908-09 


361,832 


61,803 


1909-10 


354,577 


67,666 


1910-11 


362,868 


44,926 


1911-12 


200,672 


31,473 


1912-13 


178,263 


26,813 


1913-14 


144,561 


24,292 


1914-15 


164,911 


28,293 


1915-16 


167,155 


27,001 


1916-17 


204,186 


32,124 



Before 1907 the bulk of Indian opium was exported to 
China for smoking purposes, but after the conclusion of the 
two Anglo-Chinese Agreements of 1907 and 1911, respectively, 
the export of Indian opium to China was gradually reduced to 
a considerable extent. In 1917 the opium traffic was officially 
ended in China. Since that year no more Indian opium can 
legally be imported into China, but there is reason to believe 

TABLE I, INDIAN OPIUM EXPORTED 65 
(In Chests) 







TO STRAITS 






YEAR 


TO HONG KONG 


SETTLEMENT 


TO FORMOSA. 


TO SIAM 


1910 


32,113 


10,403 


2,794 


1,246 


1911 


25,658 


7,125 


1,333 


1,320 


1912 


23,486 


4,667 


2,167 


1,225 


1913 


4,795 


2,282 


2,778 


1,566 


1914 


1,371 


1,000 


1,678 


1,970 


1915 


834 


3,040 


1,889 


1,900 


1916 


1,000 


3,948 


2,291 


1,300 



64 This table is an abstract from "Financial Statement", op. eit., pp. 
164, 165. The Indian official reports give no explanation for the dis- 
crepancies in the figures. 

es This table is an abstract from "Financial Statement", 1918, vol. 
II, pp. 170, 174. 



HO OPIUM TRAFFIC IN ITS INTERNATIONAL ASPECTS 

that a considerable quantity of Indian opium has been smug- 
gled into the interior of China by foreigners who are privi- 
leged and immune from Chinese jurisdiction. At the present 
time Indian opium is exported to the Straits Settlements, 
Hong Kong, Indo-China, Java, Siam, Formosa, and other 
countries. The following tables show the amounts of Indian 
opium exported to the different countries. 

TABLE II, INDIAN OPIUM EXPORTED 66 
(In Chests) 



YEAR 


TO ENGLAND 


TO INDO-CHINA 


TO OTHER 
COUNTRIES 


1911-12 


4 


2,125 


1,625 


1912-13 


15 


805 


2,816 


1913-14 


11 


875 


1,929 


1914-15 


115 


2,690 


3,160 


1915-16 


498 


2,035 


3,248 


1916-17 


199 


3,440 


2,366 



Since 1915 the export of Indian opium to the Straits Settle- 
ments has increased steadily, and in 1918 the demand from 
that quarter was considerably larger than the Indian Govern- 
ment had calculated. 68 In 1914 the export to Indo-China sud- 
denly increased by almost 2,000 chests a year. 69 From 1911 
to 1917 the export of Indian opium to other countries in- 
creased by nearly one or two thousand chests per annum, the 
export prior to that year amounting to only 50 chests a 
year. 70 What the other countries are is an unraveled mys- 
tery; the Indian official report is silent on this point. No 
doubt a considerable quantity of the export of Indian opium 
has found its way into countries which have prohibited its 
entry. In the fiscal year of 1917-1918 British India raised 
33,286 chests of opium, 22,595 of them for export and 10,691 

66 This table is taken from ' ' Financial Statement ' ', op. cit. pp. 168, 
169. 

68 See ' ' Financial Statement ' % op. cit., p. 184. 

6» See " Financial Statistics", 1918, pp. 168, 169. 

70 See, ibid, p. 169. 



OPIUM PEOBLEM IN OTHEB COUNT BIES \\\ 

for home consumption. 71 So long as this source of the evil is 
permitted to grow in dimensions the Governments of other 
countries can not but watch closely the movements of Indian 
opium and organize an efficient administrative service to pre- 
vent its smuggling. 

That the Indian opium traffic will not come to an end within 
the next few years is evident from agreements which the Gov- 
ernment of India has just made, for a term of five years, with 
the Governments of Hong Kong, Straits Settlements, and the 
Netherlands Indies. According to these agreements (whose 
details are withheld from the public) the Governments of 
these countries are bound to take Indian opium at a fixed 
price. 72 While the International Opium Convention of 1912 
requires the gradual suppression of opium within the terri- 
tory of each signatory Power, the Government of India con- 
templates the expansion and extension of the opium traffic. 
Prom this it may be inferred that the Indian Government is 
reluctant to abide by the Convention. 

Great Britain has two possessions in China, viz., Weihaiwei 
and Hong Kong. In Weihaiwei the opium problem is not of 
such magnitude as it is in Hong Kong. Since 1909 Indian 
opium has ceased to be imported into Weihaiwei, and the con- 
sumption has been greatly reduced there on account of the 
inflated price of the drug, the difficulty of procuring it, and 
the heavy penalty inflicted upon violations of the ordinance 
which prohibits the smoking and importation of opium. 73 
The opium situation in Hong Kong is just the contrary. The 
Government of Hong Kong does not prohibit the smoking of 
opium within the colony nor its importation. Now Hong 
Kong serves as an opium depot whence Indian opium may be 
shipped to all parts of the Orient where the import of opium 

7i Finance and Bevenue Accounts of the Government of India, 1917- 
1918, pp. 40, 41. 

72 See Proceedings of the Imperial Legislative Council, 1918, vol. 56, 
p. 167. 

7 « See Annual Beports on Weihaiwei, 1913, pp. 13, 14; 1915, p. 8. 



112 OPIUM TBAFFIC IN ITS INTERNATIONAL ASPECTS 

is not yet prohibited. The colony also serves as a smuggling 
center whence Indian opium may be clandestinely carried into 
the adjacent countries. 

In Hong Kong opium is a Government monopoly. Former- 
ly the Government leased the right to manufacture opium to 
private individuals known as the Farmers, but in 1914 the 
Government itself assumed the entire control and management 
of the opium business. 74 This step was undertaken by the 
Government with a view to reduce the production as well as 
the consumption of opium within the colony. 

All opium divans were closed on March 1, 1910, and heavy 
penalties were imposed for illegal re-opening. The importa- 
tion for sale or use within the colony, and the preparation, 
manufacture and sale of morphia and compounds of opium 
were restricted by license. Opium, morphia and compounds 
of opium were declared poisons under the pharmacy ordi- 
nance. 75 The import for purpose of export of morphia and 
compounds of opium was permitted on condition that they 
should be stored in a bonded warehouse and also that the 
quantities imported and exported should be put on record for 
Government inspection. 76 In the meantime, the Government 
forbade the export of prepared opium and dross opium by 
any person (including the monopolist) to China, French Indo- 
China, or any other country which prohibited the import of 
prepared or dross opium. The export of such opium to other 
countries was permitted under special license from the Gov- 
ernment. Since April, 1910, the export of morphia and com- 
pounds of opium to Siam, the Dutch East Indies, French 
Indo-China, Japan, the United States, and the Philippine 
Islands has not been permitted except on production of an 
official certificate from the country concerned that such 
morphia or compounds of opium were required for medicinal 
purposes. 77 

7* See Annual Beport on Hong Kong, 1914, p. 18. 
75 The China Year Book, 1913, pp. 651, 652. 
7« The China Tear Boole, 1914, p. 709. 
77 The China Year Boole, 1914, p. 709. 



OPIUM PROBLEM IN OTHER COUNTRIES H3 

In 1912 the importation of morphia and cocaine ceased ex- 
cept for such quantities as were required for medicinal pur- 
poses in the colony. During the year of 1913 the Government 
of Hong Kong displayed much energy in making seizures of 
illegal exports of opium and morphia. Thus, 5,584 ounces of 
morphia and 1,764 ounces of cocaine, all destined for China 
and neighboring ports, were seized by agents of the Govern- 
ment. The Government made further seizures, worth 12,974 
taels, of prepared opium intended for illegal export. In the 
same year the opium ordinance was so amended as to make it 
illegal for any person other than the Farmer or his licensees 
to be in possession of a quantity of opium exceeding five taels 
in value. 79 

The Government of Hong Kong manufactures and sells 
opium. The use of prepared opium in the colony is not pro- 
hibited. In the year of 1913 Great Britain concluded with 
the Portuguese Government an agreement limiting the import 
of opium into Hong Kong and Macao. 80 Under this agree- 
ment Hong Kong is permitted to import 540 chests per annum 
exclusively for the consumption of the fixed and floating 
population of Hong Kong and also 120 chests per annum for 
export, while Macao is allowed an annual import of 260 
chests exclusively for the consumption of the fixed and float- 
ing population of Macao plus 240 chests for export. 81 The 
official figures given by the Government of India tend to show 
that Hong Kong has annually imported a quantity of opium 
far beyond the limit set forth in the agreement. 82 

It is interesting to know that a large amount of Persian 
opium has been imported into Hong Kong since 1910. Thus, 
the annual import of Persian opium amounted to 1,979 chests 

79 Annual Report on Hong Kong, 1913, p. 31. 

so Treaty Series, 1913, No. 11. This agreement was concluded on 
June 14, 1913, for a term of ten years, but it may be abrogated at any 
time if both parties so desire. 

si The Anglo-Portuguese Treaty, 1913, articles 2, 3, 4. 

82 Cf . Table I, p. 108. 



114 OPIUM TRAFFIC IN ITS INTERNATIONAL ASPECTS 

in 1910 ; 1,774 chests in 1913 ; 933 chests in 1915 ; 641 chests 
in 1916. 83 In most cases the whole import of Persian opium 
was exported to London and Formosa for unknown purposes. 
For instance, in 1914 the import of Persian opium amounted 
to 670 chests, but 1,153 chests 83a were exported to London or 
Formosa; in 1915 the import of Persian opium increased to 
852 chests and 856 chests 83a were exported to the same desti 
nation. 84 It is thus clear that Hong Kong serves as a depot 
for the exportation and importation of Persian opium. 

The reason why so much Persian opium has been imported 
into and exported from Hong Kong is not far to seek. Persian 
opium is very prolific of morphia, for which there is a great 
demand in the Far Eastern countries. Since 1911 Persian 
opium could not be imported into China 85 and must, therefore, 
be shipped to Hong Kong for storage, waiting for an oppor- 
tunity to be smuggled into China or other countries. But the 
Chinese Customs authorities were very active against this 
clandestine traffic. So the Persian stocks accumulated in 
Hong Kong must find an outlet to other places. Formosa 
can serve this purpose well. The Persian stocks which were 
exported to Formosa or London were undoubtedly manufac- 
tured into morphia and afterwards smuggled into China or 
the adjacent countries. 

At the present time opium presents a very embarrassing 
financial problem for the Government of Hong Kong. The 
restrictive measures successively adopted by the Government 
had by 1910 curtailed the revenue to such an extent that in 
that year the British Government granted £9,000 to the col- 
ony to replace the loss of revenue from opium. 86 The Gov- 

83 Financial Statistics, 1918, p. 174. 

83a The export exceeded import because it included not only the chests 
imported in the year but also those accumulated at Hong Kong. 

84 Cf . Annual Reports on Hong Kong, 1914, p. 13 ; 1915, p. 9. 

ss China forbade the import of Persian and Turkish opium from 
January 1, 1912. See The China Year Boole, 1914, p. 696. 

86 The China Year Boole, 1914, p. 709. 



OPIUM PROBLEM IN OTHER COUNTRIES 115 

eminent has made attempts to raise a large revenue from 
other sources such as intoxicating liquors, but the new rev- 
enue so raised was not sufficient to compensate the loss of the 
old. It is true that not much opium has been imported into 
Hong Kong in recent years, but the opium stocks accumulated 
in the colony were still large, amounting to 2,256% chests in 
1914 and 1,3033/2 chests in 1915. 87 These stocks must find an 
outlet in the adjacent countries, either China or Formosa. It 
is, therefore, obvious that the accumulation of opfum stocks in 
Hong Kong will cause a good deal of anxiety to the Chinese 
Government. 

Macao is a Portuguese possession on the eastern coast of 
China and opposite Hong Kong. The sale and manufacture 
of opium in this colony are a governmental monopoly, the 
right of manufacture and sale being usually leased to a syndi- 
cate or corporation. Macao is credited with having manu- 
factured a considerable quantity of opium for exportation 
to the United States for smoking purposes. 88 The opium 
traffic in Macao has been so lucrative that the British Govern- 
ment became jealous of it, resulting in the conclusion of the 
Anglo-Portuguese agreement of 1913 limiting the import of 
opium into Macao. 88 a In 1918 the Government of Macao 
leased the right of manufacturing and selling opium to a 
Chinese syndicate for five years, at an annual rental of 
$4,673,200 gold. 89 A good deal of the amount fixed for local 
consumption (260 chests) has been exported to other coun- 
tries. 90 

As in Hong Kong and Macao, so in the Straits Settlements, 
the right to manufacture and sell opium in the colony is 
leased by the Government to private individuals known as 

«7 Cf. Annual Report on Hong Kong, 1915, p. 9. 

ss Hamilton Wright in Review of Reviews, 1915, p. 465. 

88a The import into Hong Kong was also limited. 

89 U. S. Commerce Reports, No. 24, p. 381. 

so ibid. 



116 OPIUM TRAFFIC IN ITS INTERNATIONAL ASPECTS 

the Farmers. 91 With the consent of the opium farmer, who 
has the exclusive right to manufacture and sell opium within 
his territory, the Government may, however, license other 
persons to engage in the retail trade. The Government re- 
serves the right to regulate the price of opium to be sold to 
the public. In making the contract with the Government the 
farmer must furnish satisfactory securities for the fulfillment 
of the conditions laid down in the contract. Agitation against 
the use of opium has been constantly growing in the Straits 
Settlements. As a result of this agitation the British Govern- 
ment appointed in 1908 a committee to investigate the opium 
situation in the Colony, with special reference to the effects of 
the drug. 

The results of the investigation by the committee are sur- 
prising. 92 As found by the committee the effects produced 
by the use of opium are not such as to require its prohibition. 
According to the unanimous opinion of the medical witnesses 
who were summoned by the committee "opium smoking in 
moderation is relatively harmless", and "even if the indul- 
gence in the smoking habit be carried to excess no organic 
change will take place in the body, but functional evils such 
as constipation, disorders of the digestive organs with emacia- 
tion and loss of energy may ensue". The committee itself 
found by observation that for tasks requiring severe physical 
exertion the smoker was not the equal of the non-smoker, but 
in the case of skilled labor there was practically no difference 
between the smoker and the non-smoker. Furthermore, the 
committee found that the wage-earning capacity of moderate 
smokers and non-smokers was the same. 93 As to the moral 
effects of opium, the committee shared the opinion that opium 
was causative of petty theft but scoffed at the idea that smok- 

9i See the Opium Ordinance, 1894, British State Papers, vol. 86, pp. 
419-441, as amended by the Ordinance of 1909, Accounts and Papers, 
1909, vol. 61. 

»2 See Report of the committee, 1909, which may be found in Accounts 
and Papers, 1909, vol. 61. 

93 Report of the committee, op. cit., p. 12. 



OPIUM PEOBLEM IN OTHER COUNTRIES H7 

ers could commit crimes of violence because they were phys- 
ically incapacitated. 94 In view of its findings the report said 
that "the committee can find no reasonable grounds for advo- 
cating a policy involving prohibition of the smoking of 
opium". 95 From 1900 to 1906 the revenue derived from 
opium contributed more than 50% of the total revenue for 
the Government of the Straits Settlements. 90 This was per- 
haps the actual and only ground of the committee 's favorable 
attitude towards the continuation of the opium evil. 

Apparently, the large revenue derived from opium is the 
only reason that can account for the continuation by the 
European nations of the long condemned traffic in the Far 
Eastern countries. While many of the European nations have 
refrained from confessing the true reasons for the continua- 
tion of the trade, a Colonial Minister of France has frankly 
admitted that loss of revenue is the only obstacle to total pro- 
hibition. 97 At present Hong Kong, Macao and Indo- China, 
all neighbors of China, are still open to the opium trade. 
Unless the trade is discontinued in these countries, and poppy 
cultivation prohibited in India and elsewhere, China will face 
extensive smuggling and possible international complications. 
No enlightened nation should carry on a trade which is 
' ' morally indefensible ' \ 

94 ibid, p. 13. 

95 ibid, p. 20. 

96 ibid, p. 42. 

97 See U. S. Commerce Report, 1916, No. 269, p. 615. In his instruc- 
tions to the Governor of Oceania (a French Colony) the French Minister 
of Colonies set forth that the importation and sale of opium might be 
continued on the ground that it furnished a large part of the colonial 
revenue. 



CHAPTER VII 

The Present Opium Situation in China (1913-1919) 

Towards the end of 1913 eight provinces of China, viz. r 
Anwhei, Chili, Hunan, Kwongsi, Manchuria, Shansi, Shan- 
tung, Szechwan, rid themselves of poppy cultivation. No 
doubt more provinces would have been added to the list of 
prohibition if it were not for the fact that in 1911 a political 
revolution broke out and disorganized the provincial admin- 
istrative system to a considerable extent. But in spite of the 
difficulties brought about by the revolution the Chinese Gov- 
ernment demonstrated its ability to deal with the opium 
problem satisfactorily. In 1915 Kansu (a large opium pro- 
ducing province) and Shing Kiang were declared free from 
the cultivation of the poppy. 1 

In the meantime, large quantities of Indian opium were 
imported into China under the license of the Indian Govern- 
ment. It should be remembered that the Indian Government 
decided not to export any more opium to China after 1913, 
but the quantities of Indian opium exported to China since 
that year are nevertheless large, as is shown by the following 
table. 2 

NET IMPOBTATION OF FOBEIGN OPIUM 
In Piculs (1 Picul— 133V 2 lbs.) 



YEAR 


MALWA 


PATNA 


BENARES 


PERSIAN 


BOILED 


TOTAL 


1913 


10,436.67 


6,249.81 


1,427.72 


74.81 


.90 


18,194.41 


1914 


4,488.98 


1,964.73 


695.81 


334.45 


.03 


7,490.34 


1915 


2,262.01 


1,130.18 


702.02 


305.07 


9.06 


4,408.34 


1916 


658.97 


237.56 


249.16 


325.23 


65.01 


1,561.33 


1917 


553.76 


175.04 


119.95 


179.00 


45.63 


1,073.38 


1918 




4.45 


278.11 


55.00 


337.56 



i See V. S. Commerce Report, 1916 (June 14). 

2 This table is compiled from the figures given by the Chinese Customs 
118 



PRESENT OPIUM SITUATION IN CHINA 



119 



In the above table it is interesting to note that Malwa opium 
has been imported into China since 1913 in large quantities, 
while the Indian official report says that since 1913 no permit 
has been granted for the passing of Malwa opium through 
British territory. 3 In order to reach China, Malwa opium 
must pass through British territory, and the Indian Govern- 
ment has exacted a high price for the grant of permission. 
But, as the Indian Government declined to grant such permis- 
sion after 1913, it may be wondered how Malwa opium could 
have been imported into China in such large quantities. In 
the table it is important to note that from 1914 down to the 
present time the Persian product has figured largely in the 
imports of foreign opium. This may be attributable to the 
fact that Persian opium is very prolific of morphia, for which 
there is a great demand in China. At present the morphia 
business in China is more lucrative than that in opium, be- 
cause morphia, being lower in price, can find a multitude of 
victims among the poor and laboring class. In December, 
1917, four tons of crude Persian opium were seized at Shang- 
hai by the Chinese Customs officers. 

The ports through which large imports of foreign opium 
have been landed are Dairen or Dalny, Kiaochow, Shanghai, 
Swatow and Canton, the first two being under Japanese con- 
trol at the present time. The net imports having passed these 
ports are as follows: 4 





1913 


1914 


1915 


1916 


1917 


1918 


Dairen 

Kiaochow 

Shanghai 

Swatow 

Canton 


66.69 

10.61 

9,758.03 

2.120.57 

2,409.39 


332.34 

10.45 

4,147.16 

814.77 
1,475.32 


305.07 

9.06 

2,900.72 

292.70 

545.59 


298.63 
117.13 
737.14 
4.38 
138.91 


179.00 

45.63 

645.30 

1.99 

40.12 


278.11 

55.00 

4.45 



authorities in their "Annual Trade Report" which is published annually 
by the Chinese Maritime Customs. In 1914, 6.34 piculs of Eussian opium 
are omitted; 27.40 piculs of Taiwan opium are also omitted in 1916. 

3 As to this point, see, supra, p. 105. 

4 The following statistics are taken from the Chinese Trade Reports, 
1918, p. 90. The figures represent piculs which are equivalent to 133 lbs. 



120 OPIUM TRAFFIC IN ITS INTERNATIONAL ASPECTS 

Through Dairen and Kiaochow the Japanese have smuggled 
large quantities of opium into Manchuria, Shantung and the 
Yantze Valley. 4 a This indicates that powerful foreign influ- 
ences in China are a serious handicap to the Chinese Govern- 
ment in carrying on its anti-opium campaign. 

It has been pointed out that from 1912 to 1913 large Indian 
opium stocks have been accumulated at Shanghai on account 
of the restrictions which the provincial governments placed 
upon the sale or movement of Indian opium. 5 The British 
opium merchants at Shanghai were greatly chagrined by this 
unfavorable condition and brought indirect pressure, through 
the Indian merchants, upon the Government of India for the 
immediate stoppage of further sales of Indian opium for the 
Chinese market. In compliance with the petition of the In- 
dian merchants the Government of India decided not to sell 
any more opium to China in order to relieve the Indian stocks 
accumulated at Shanghai. But in 1912 and 1913 no less than 
40,000 chests of Indian opium were imported into China, thus 
adding a considerable quantity to the stocks already un- 
salable. In the meantime, Chinese provinces were placed up- 
on the list of prohibition one after another in accordance with 
the agreement of 1911. Consequently, the market for Indian 
opium became narrow and stagnant. At this moment the 
legitimate course open to the opium combine composed of 
British opium merchants would be to stop the importation of 
Indian opium and export the unsalable stocks to other places 
for sale. But the greedy combine never entertained such an 
idea but, on the contrary, decided to play a desperate game by 
purchasing every chest of opium as soon as it came to the 
market. As a result of the unscrupulous purchases for specu- 
lative purposes, some 60,000 chests of Indian opium were 
accumulated at Shanghai towards the end of 1914. No doubt 
a large amount of the accumulated stocks could be easily 
smuggled into the provinces where the importation was pro- 

4 ?« See, infra, p. 126. 
s See, supra, pp. 67, 68. 



PBESENT OPIUM SITUATION IN CHINA 121 

hibited, but the bulk of the stocks would remain unsalable. 
Finally, the combine decided to approach the Chinese Govern- 
ment with the proposal that, if the Government would con- 
sent to the sale of Indian opium in the three provinces of 
Kwontung, Kiangsi and Kiangsu, where the importation of 
Indian opium was prohibited in accordance with the agree- 
ment of 1911, the combine would pay to the Chinese treasury 
a large sum for the privilege. 

In its attempt to force the sale of the Indian stocks upon 
China, the opium combine argued that, as the Chinese Gov- 
ernment had failed to prevent the extensive smuggling of 
opium into the three provinces above mentioned, they must 
therefore be re-opened to the nefarious trade. Partly because 
of this pressure, partly because of its inability to suppress 
smuggling, and partly for financial reasons, the Chinese Gov- 
ernment finally decided to enter into an agreement with the 
opium combine in regard to the disposal of the remaining 
Indian stocks at Shanghai. Under the terms of this agree- 
ment, which was made on May 1, 1915, and was to remain in 
force until March 31, 1917, the Chinese Government granted 
to the combine the right to sell its opium in Kwontung, 
Kiangsi and Kiangsu, free from all interference, in return 
for a contribution by the combine of $3,500 per chest. The 
sale of Indian opium in Kiangsi and Kiangsu was fairly 
successful, but not so in the province of Kwontung, where the 
revolution interfered with the business. Moreover, the com- 
bine was too greedy and everywhere exacted exorbitant 
prices ; and in the end it failed to sell out all its stocks within 
the specified time. 

The opium combine then approached the Chinese Govern- 
ment for an extension of time. Both the Chinese Government 
and the British Minister at Peking spurned the proposal, the 
British Government basing its refusal on the ground that, as 
the agreement of 1911 expired in 1917, British subjects should 
not traffic in Indian opium any further. Then the question of 
disposing of the remaining Indian stocks came to the fore- 
ground. The Chinese Government appointed General Feng 



122 OPIUM TRAFFIC IN ITS INTERNATIONAL ASPECTS 

Kuo-Chang, then Vice-President of the Republic, and two 
other high functionaries to open negotiations with the British 
opium combine in regard to the disposal of the remaining 
stocks which amounted to 2,000 chests. On February 9, 1917, 
General Feng Kuo-Chang on behalf of the Chinese Govern- 
ment signed an agreement with the opium combine to pur- 
chase and use exclusively for medicinal purposes the Indian 
stocks existing on March 31, 1917, the price of such stocks as 
agreed to being Tls. 8,200 per chest and payment therefor to 
be made in 6 per cent bonds of the first year of the Republic 
which were secured on the land tax and stamp duty. 6 

This notorious opium deal provoked a storm of protest from 
governmental quarters as well as from the people. Both 
Houses of Parliament voted against it and urged the chief 
executive to cancel the contract. General Feng Kuo-Chang 
was deeply implicated in the scandal. On February 15, 1917, 
foreign and Chinese opium crusaders called a mass meeting 
at Shanghai to protest against the deal. At this meeting 
General Feng Kuo-Chang, when questioned, declared that His 
Britannic Majesty's Minister at Peking pressed hard for the 
sale of the remaining stocks at Shanghai. The British Min- 
ister, Sir J. Jordan, denied that His Majesty's Government 
had exerted such pressure; 7 but in spite of the protest of 
Parliament and of the people, the Chinese Government had to 
carry out its pledge, and accordingly took over the 2,000 
chests of unsold Indian opium at the stipulated price, namely, 
Tls. 8,200 per chest. For the sale of this opium the Chinese 
Government established official bureaus in the different prov- 
inces, but the price set up by the Government for its monopo- 
lized opium was undercut by the smuggled opium. In the 
meantime, the agitation against the opium deal continued to 
grow, culminating in a series of resolutions passed in the 
latter part of 1917 by the Hankow Chamber of Commerce, 
which had the courage to defy the authority of the Govern- 
ment. In the face of such popular protest and indignation, 

e For reference, see The North China Herald, February 17, 1917. 

7 See The North China Herald, February 17, 1917. 



PBESENT OPIUM SITUATION IN CHINA 123 

the Government finally yielded and decided publicly to burn, 
in specially constructed incinerators, all the Indian stocks for 
which it paid no less than $25,000,000. 8 Thus closed the 
notorious opium deal. 

To be sure, the Indian opium stocks which the Chinese 
Government purchased were legally imported and therefore 
salable legally speaking. But there was no obligation on the 
part of China to buy the accumulated and unsalable stocks. 
It should be borne in mind that the Shanghai Muncipal Coun- 
cil closed all opium shops on March 31, 1917, and prohibited 
the sale of opium within the International Settlement from 
that date. 9 The accumulated stocks therefore could not be 
sold at Shanghai. There were, however, six Chinese provinces 
still open to Indian opium. 10 It is perhaps due to this fact 
that the Chinese Government decided to purchase the Indian 
stocks. Whatever its causes the notorious opium deal was 
manifestly a great blunder on the part of China. The Chinese 
Government should not have paid for the stocks the huge 
sum of $25,000,000, and General Feng Kuo-Chang cannot be 
acquitted of responsibility for this blunder. The deal, how- 
ever, accomplished incidentally one thing, very desirable for 
China, namely, the dissolution of the British opium combine 
which, with the support of the British Government, had em- 
barrassed the Chinese Government for many years. For this, 
however, the price paid by China was too high. 

The importation of Indian opium official^ ceased on April 
1, 1917, but up to that time six provinces were still open to 
the Indian opium traffic under the terms of the agreement of 
1911. On March 31, 1917, the Shanghai Municipal Govern- 
ment revoked all licenses for opium shops and interdicted the 
sale of opium within the foreign settlement. In 1917 no less 
than 227 cases of opium offenses were brought before the 

s See the trade reports of the Chinese Maritime Customs, 1918, part 1, 
p. 7. 1,200 chests were burned. 

9 The North China Herald, April 7, 1917. Also Chinese Trade Reports, 
1917, vol. 3, p. 806. 

io The North China Herald, July 14, 1917. 



124 OPIUM TRAFFIC IN ITS INTERNATIONAL ASPECTS 

Shanghai Mixed Court. 11 On October 17, 1918, Lord Robert 
Cecil, Under-secretary of State for Foreign Affairs, announced 
in the House of Commons that the last six provinces remain- 
ing open to the introduction of Indian opium under the 1911 
agreement had been examined in August of 1917 and reported 
free from all opium cultivation. 12 In order to understand 
how the Chinese Government accomplished this delicate and 
gigantic task within so short a time, it is necessary to know 
that for the suppression of poppy cultivation the Chinese 
Government adopted very drastic measures in the delinquent 
provinces. As indicating how relentlessly these measures 
were carried out, an instance may be cited where the Govern- 
ment troops killed some 200 people who defied authority, 
while the opium suppression officers executed no less than 200 
offenders. 13 These capital punishments were not justified by 
the Criminal Code, but in spite of this the officers who in- 
flicted them were not called upon to answer for exceeding the 
penalties imposed by law. 

The Anglo-Chinese agreement of 1911 terminated on De- 
cember 31, 1917. Since that date no increase has been re- 
ported in the local production of opium in China, nor has any 
Indian opium been imported into China under governmental 
licenses. 14 The situation looked as if China had rid herself 
of the opium curse forever. But a review of the reports of 
the Chinese Customs Commissioners will show that opium is 
still a knotty problem for the Chinese Government to solve. 
At present opium is being smuggled into China in large quan- 
tities in many directions, from the North as well as from the 
South. Although many nationalities are represented in this 
nefarious traffic, the Japanese have figured conspicuously in 
carrying on the surreptitious trade, which may give rise to 
grave international complications and affect China as seri- 

ii See Returns of Trade, 1917, vol. 3, p. 806. 

12 Parliamentary Debates, Commons, 1918, vol. 110, p. 257. 

13 Cf. The North China Herald, July 14, 1917. 

14 Parliamentary Debates, op. cit., p. 257. 



PRESENT OPIUM SITUATION IN CHINA 125 

ously as did the trade in the earlier part of the nineteenth 
century. 

At Shanghai smuggled opium has been constantly detected 
and seized in vessels from the North and from Hong Kong. 
The price obtained for the illicit opium is exceedingly high. 
One pound of crude opium may sell for as much as a hundred 
and twenty dollars. In December, 1917, the Chinese Maritime 
Customs authorities seized at Shanghai and confiscated four 
tons of crude opium (mostly Persian) on a Japanese vessel 
from London. The opium seized was worth over one million 
dollars. In regard to the seizure Mr. R. H. R. Wade, Com- 
missioner of Customs, made the remark that the price ob- 
tained for illicit opium is so high that ' ' so long as opium can 
be easily and cheaply grown without official prohibition in 
other countries, the enormous profits to be gained by its suc- 
cessful introduction into Shanghai are likely to prove too 
strong a temptation to be resisted by unscrupulous people". 15 
The vessels coming from the North and from Hong Kong are 
no doubt Japanese and British vessels, respectively. 

In the North of China opium seizures have been repeatedly 
made by the Chinese Customs officers. In 1917 the Chinese 
authorities seized 600 pounds at Harbin, Manchuria. 16 At 
Tientsin the Customs reported smuggling on a large scale. 17 
Nothing of course need be said of the smuggling through 
Dairen and Tsingtao which are under the control of the Jap- 
anese Government. In 1917 the Japanese Government in 
Manchuria, commonly called the Kwantung Government, is- 
sued strict regulations for the control of morphia and made it 
an offense to import the drug without previously obtaining a 
license from the Government. 18 But evidence may be ad- 
duced to show that the Kwantung Government has no inten- 
tion to enforce its regulations. 19 

i» Returns of Trade, 1917, vol. 3, p. 806. 
*« The North China Herald, January 6, 1917. 
n Returns of Trade, 1917, vol. 1, p. 270. 
i« Trade Reports, 1917, vol. 1, p. 160. 
is See, infra, p. 127. 



126 OPIUM TBAFFIC IN ITS INTERNATIONAL ASPECTS 

In the South of China the Chinese Customs officers have 
reported extensive smuggling. Thus the Customs authorities 
at Amoy (Fukien) reported that large quantities of opium 
were smuggled from Formosa; the bulk of which was landed 
on the seaboard beyond the reach of the Customs authorities. 
According to the same report, a large quantity of seized opium 
accumulated at the port since 1916 and valued at $150,000 
was publicly burned in the presence of local officers and a 
crowd of onlookers. And, to be sure, a large portion of the 
opium seized came from Persia. The report recommends that 
extensive and more efficient customs service be organized to 
detect and prevent opium-smuggling. 20 At Swatow (Kwon- 
tung) the Chinese Maritime Customs Commissioners reported 
that a good deal of opium was smuggled from Formosa to 
China's mainland by fishing boats and junks. 21 The Customs 
Commissioners at Canton (Kwontung) made the authentic 
statement that as smuggling was very lucrative to successful 
opium runners large quantities of opium were clandestinely 
imported from Hong Kong and Macao. 22 It is thus clear 
that Formosa, Hong Kong, and Macao have been and still are 
serving as bases for smuggling operations for the stoppage of 
which it is incumbent upon the Japanese, British and Portu- 
guese Governments not only to issue stringent regulations but 
to carry them out to the letter. There is not an iota of doubt 
that the persons engaged in the smuggling enterprise are 
Japanese and British subjects, possibly assisted by unprin- 
cipled Chinese. 

At present the contraband traffic in opium and morphia is 
exceedingly lucrative in China — indeed, so lucrative that it 
has aroused great jealousy among the foreign nationals at 
Shanghai. As a result, foreign newspapers in China are in- 
dulging in mutual recriminations on the subject of smuggling. 
The British North China Daily News fired the first shot. 

20 Trade Beports, 1917, vol. 4, p. 1083. 
2i Trade Beports, op. eit. p. 1112. 
22 Trade Beports, op. cit. p. 1147. 



PRESENT OPIUM SITUATION IN CHINA 127 

The facts exposed by this journal concerning the smuggling 
business are as follows: 23 

At the present time the Japanese are manufacturing mor- 
phia with the financial support of the Bank of Japan and 
with the approval and encouragement of the Japanese Gov- 
ernment. The chief agency for distributing morphia in China 
is the Japanese Post Office through which morphia is imported 
by parcel post free from inspection by the Chinese Customs 
authorities. In 1918 no less than 18 tons of morphia were 
imported into China according to a conservative estimate. 

Through Dairen and Tsingtao morphia was smuggled into 
the whole of North China and from Formosa morphia and 
opium smuggled into the Southern China by motor-driven 
■ 'fishing' ' boats. All Japanese drug stores in China sell mor- 
phia, and in the southern part of China the drug is sold by 
Japanese peddlers under the extra-territorial protection. In 
one instance the Japanese gendarmerie prevented the Chinese 
police from raiding the opium shops. 

Morphia is manufactured in well-equipped laboratories in 
Japan and Formosa. The bulk of Persian opium is purchased 
by the Japanese for conversion into morphia. At present 
opium is grown in Korea and Manchuria under Japanese pro- 
tection. Korean opium is, as a rule, transshipped in Kobe 
harbor to Tsingtao, thence to the interior of China through 
the Tsingtao-Tsinan Railway now under Japanese control. 

Between September 30 and January, 1918, more than 2,000 
chests of opium purchased in India were imported into 
Tsingtao via Kobe. The Japanese authorities levy a tax of 
Tls. 4,000 per chest. Here a pertinent question may be asked 
as to why the Chinese Customs authorities at Kiaochow have 
had no knowledge of the large quantities of opium imported 
by the Japanese. The answer is that under Article 3 of the 
agreement of August 6, 1915, between Japan and China, any 
Japanese goods landed in Tsingtao under certificates of the 
Japanese Government are free from customs examination. 

23 For exact reference, see The New YorTc Times, February 14, 1919, 
p. 6, column 1. 



128 OPIUM TBAFFIC IN ITS INTEBNATIONAL ASPECTS 

Thus the way is open for the Japanese to import opium in 
eases stamped "Military stores". Of course this can be done 
only with the support of the Japanese Government. 

This is, in brief, the charge of the North China Daily News 
which is partly substantiated and confirmed by Chinese and 
American official reports. 24 One American official report says 
that the Japanese smuggled opium into Manchuria through 
the South Manchuria Railway station, where the Chinese 
authorities have no power to search the incoming passengers ; 
that opium and morphia were almost publicly sold in Man- 
churia under Japanese jurisdiction ; that morphia has ruined 
numerous people of the lowest class mentally, morally and 
physically; that Japanese consular authorities in Manchuria 
connived at the illegal sale of morphia by Japanese subjects. 25 
Another American official report has brought to light the fact 
that the Japanese Government collected a revenue of from 
$700,000 to several millions per annum from the importation 
of opium under Japanese governmental license, this sum en- 
abling the Japanese military headquarters at Tsingtao to 
purchase property, erect schools, residences and public build- 
ings, lay out streets, make harbor improvements and other 
public works. 26 

Opium is not only manufactured in Japan but is cultivated 
in her territories, Korea and Formosa. In its letter to the 
American Minister at Peking the Korean Independence Com- 
mittee says: "The Japanese Government has established a 
bureau for the sale of opium and under the pretext that 
opium was used for medicinal purposes has caused Koreans 
and Formosans to engage in poppy cultivation. The opium 
is secretly shipped into China. Because of the Japanese en- 

2* As to the Chinese reports, see, supra, pp. 124, 125. 

25 American Official Eeport, July, 1918. Cited by Thomas F. Millard 
in his book entitled "Democracy and the Eastern Question", 1919, pp. 
215, 216. 

ae American Official Beport, September, 1918, cited by T. F. Millard in 
his book, op. cit. p. 214. 



PEE SENT OPIUM SITUATION IN CHINA 129 

eouragement of this traffic many Koreans have become users 
of the drug". 27 The opium raised in Korea and probably 
converted into morphia at Kobe or Osaka 28 is partly shipped 
to Dairen and Tsingtao for smuggling into China and partly 
to the Kwantung Government for sale to Japanese and Chi- 
nese dealers in Manchuria under the jurisdiction of the Gov- 
ernment-General. 29 Korean opium is, however, not the equal 
of Persian opium in producing morphia. The Japanese there- 
fore imported during the year of 1918 more than 333 piculs 
of Persian and boiled opium into Dairen and Tsingtao for 
alleged local consumption. 30 

It is thus clear that the clandestine traffic in opium and 
morphia as carried on by the Japanese is a great menace to 
China and may undo all that she has achieved from 1906 to 
1917. The traffic, being exceedingly lucrative, would induce 
greedy Japanese to hold on with all hazards just as it had 
done with the English before the Opium War. From such a 
state of affairs grave international complications may rise at 
any moment and end in a war for which the Japanese alone 
would be responsible. It should be borne in mind that Japan 
is not the only nation engaged in the contraband traffic, 
although individual Japanese have figured largely in the 
smuggling activities. The Chinese official reports make refer- 
ence to the smuggling between Hong Kong and China, and 
between Macao and China, and also to the fact that four tons 
of crude opium were seized at Shanghai on a Japanese vessel 
from London. 31 Apparently, the opium must have been man- 
ufactured somewhere in England, although the British Cus- 
toms authorities at London sought in vain for the location of 

*7 The New York Times, March 30, 1919, p. 20, column 4. As to the 
poppy cultivation in Korea see The North China Herald, October 20, 
1917. 

28 See T. F. Millard, Democracy and the Eastern Question, p. 216. 

2» Cf. "Japan Chronicle", January 30, 1919. 

so Chinese Trade Beports, 1918, p. 67. 

*» See, supra, notes 22, 15. 



130 OPIUM TBAFFIC IN ITS INTERNATIONAL ASPECTS 

the surreptitious factory. As to the smuggling between Hong^ 
Kong and Macao on the one hand and China on the other, it is 
also obvious that besides the Chinese there must be other- 
nationals backing the hazardous enterprises. 

It is true that China has succeeded in ridding herself of 
poppy cultivation, but she still has a more delicate task to- 
perform, namely, the task of stopping opium consumption — 
a task that requires full military preparedness. Be it remem- 
bered that before the Opium War no poppy was grown in 
China, the only acute problem confronting her at that time- 
being the secret importation of Indian opium by British sub- 
jects. China is, therefore, in the same position as she was 
before 1840. Unless she can prevent opium smuggling either 
by force or by peaceful measures as the case may be, she can 
never stamp out the opium evil as she calculated. Poppy- 
cessation does not necessarily curtail consumption, inasmuch 
as large quantities of opium may be imported from abroad 
through one channel or another. While no reliable statistics 
are available concerning the consumption of opium in China, 
there is reason to believe that opium still finds a large number 
of victims among the people, as may be inferred from the 
extensive smuggling now being carried on. 



CHAPTER VIII 

Summary and Conclusion 

Chinese opium addicts are always jeered at for indulging in 
a pernicious habit, but it should be borne in mind that the 
habit was fastened upon them by wicked and greedy foreign- 
ers — foreigners who were well prepared to wrest money from 
the hands of a peaceful, defenseless, and innocent people. 
Neither opium nor the poppy is of Chinese origin ; both were 
imported into China in the sixteenth or seventeenth century 
probably by the Dutch, who are credited with having invented 
the method of mixing opium with tobacco for smoking pur- 
poses. As a result of extensive research, the medical author- 
ities put forward the statement that the poppy was first dis- 
covered in Asia Minor or Persia whence it was carried by the 
Arabs to other parts of the world. 

The drug has been unwelcome and hated in China ever since 
its introduction, undoubtedly for the reason that it was ex- 
ceedingly deleterious to the physical welfare of the people. 
In 1729 Emperor Yung Chin issued an edict to prohibit the 
sale of opium and the opening of opium shops, and enacted 
severe penalties for violation of the anti-opium edict. From 
1729 to 1780 the import of opium into China was estimated at 
200 chests per annum. During this period the Portuguese 
monopolized the opium trade. But in 1780 the British East 
India Company came to compete with the Portuguese for the 
opium market, and as a result of the competition the Portu- 
guese were put hors de combat, thus leaving the opium trade 
to the East India Company. After 1780 the import of opium 
into China increased rapidly, and in 1796 Emperor Kea King 
reiterated the prohibition of the sale of opium and its impor- 
tation. The anti-opium edicts were of no avail ; the import of 
opium continued to increase as if the edicts were not in exist- 

131 



132 OPIUM TBAFFIC IN ITS INTERNATIONAL ASPECTS 

ence. The English vessels even carried opium to Canton, the 
capital of Kwantung, for sale. This situation remained un- 
altered until 1820 when the Canton authorities drove all the 
opium vessels away. In 1820 the Governor of Canton adopted 
strict administrative measures to enforce the prohibition of 
opium. The opium ships and their cargoes were liable to 
confiscation, and the natives found in possession of opium 
were subject to the death penalty. 

But the strict administrative measures of 1820 failed to 
stop the secret importation of opium, due partly to the con- 
nivance of the Canton authorities and partly to the skill of the 
smugglers. The import of the drug continued to increase in 
such proportions that in 1836 the Chinese Government began 
to deliberate upon the most practical methods for solving the 
problem. One method suggested by the Emperor's advisers 
was to legalize opium so that China herself could raise enough 
opium to check the invasion of foreign opium, but the opposi- 
tion to legalization was so strong that the Court at Peking 
was finally determined to drop the proposal for legalization. 
Towards the opium traffic the attitude of the Court was some- 
what wavering and uncertain, thus producing the impression 
that opium would be finally legalized. In the meantime, the 
annual import of opium was on the increase. 

In 1839 the Court at Peking adopted a definite policy to- 
wards the opium traffic, namely, prohibition. For the pur- 
pose of suppressing the extensive smuggling at Canton the 
Emperor dispatched in 1839 a High Commissioner, Lin Tseh- 
hsu, to that port through which most of the opium was 
secretly landed and transported into the interior of China. 
After the arrival of the High Commissioner at Canton fric- 
tion began to develop between the Commissioner and Captain 
Charles Elliot, Superintendent of the Trade of British sub- 
jects in China. The policy of the High Commissioner was to 
wipe out the then spreading opium evil completely without 
fear or swerving, as the Commissioner himself repeatedly 
declared. To this end he adopted vigorous and violent meas- 
ures such as the compulsory delivery up of opium by all for- 



SUMMARY AND CONCLUSION 133 

eigners. Such measures were justified by the fact that the 
High Commissioner's previous proclamation requiring the 
delivery up of foreign opium had been wholly disregarded. 
While it may be questioned whether the compulsory delivery 
up of opium could stop smuggling forever, there is not an 
iota of doubt that it would greatly curtail smuggling, since it 
would cause even the most unscrupulous adventurers to hesi- 
tate to embark upon so hazardous an enterprise. 

Captain Charles Elliot was appointed and authorized by 
the British Government to supervise the trade of British sub- 
jects in China. His power of course extended to all branches 
of trade. As British superintendent of trade Captain Elliot 
might easily have sent all British opium vessels away, or have 
delivered up all British-owned opium, as the Chinese Govern- 
ment requested. But it soon became clear that the High Com- 
missioner and Captain Elliot marched in opposite directions, 
the former being firmly determined to end the opium trade, 
while the latter secretly encouraged it. This conflict of policy 
finally led to the armed conflict between China and Great 
Britain. The war of 1840, known as the Opium War, was 
forced upon China by Captain Elliot's aggressive action. 
While the High Commissioner endeavored in every way pos- 
sible to preserve the peace between his country and England 
and to confine his anti-opium activities to the illicit trade, 
Captain Elliot threatened him with war by ordering the open- 
ing of fire against Chinese land or naval forces at the various 
places. Thus, China could but accept the challenge. In the 
contest of force she suffered defeat by reason of her military 
unpreparedness ; but she preserved her moral integrity, even 
though, lacking the military strength to enforce prohibition, 
she eventually agreed to treat opium as a legitimate article of 
commerce in 1858. 

Since that time the Indian opium trade has brought an un- 
holy tribute of millions of dollars from China to the coffers of 
the Indian Government ; and it has appeared to most observers 
as if this might continue indefinitely. But the trade, ' ' moral- 



134 OPIUM TRAFFIC IN ITS INTERNATIONAL ASPECTS 

ly indefensible", 1 never received the sanction of the public 
opinion of the world. On the contrary, it is clear that the 
public opinion of the world was steadfastly set against the 
trade. It is perhaps due to this fact that China succeeded in 
1907 in inducing the British Government to subscribe to her 
project of total prohibition. No doubt China is greatly in- 
debted to the British Government for its kind consent to the 
arrangements of 1907 and 1911, but at the present time she 
expects an additional favor. She desires the British Govern- 
ment to take effective measures against the clandestine opium 
traffic in Hong Kong, Weihaiwei, and other British possessions 
in China. Should the British Government grant such a favor 
by treaties or agreements, as the case may be, China would be 
relieved of many of the dangers that lurk in the way of her 
present anti-opium campaign. 

The present opium situation is highly embarrassing to the 
Chinese Government. While poppy cultivation has entirely 
ceased in China, yet, according to official reports, large quan- 
tities of opium are smuggled into the interior, mostly through 
the ports or districts under foreign control. No matter how 
stringent the measures adopted by China to prevent opium- 
smuggling, she is unable to apply them to the ports, terri- 
tories, and concessions under foreign jurisdiction. In these 
places the prevention of smuggling as well as the interdiction 
of opium rests entirely in the hands of the Powers exercising 
extra-territorial jurisdiction. 

At present the Powers possessing such jurisdiction in China 
are Great Britain, Japan, France, the United States, Italy, 
Belgium, Portugal, and Russia. Of these the United States 
alone has imposed heavy penalties upon its citizens engaged 
in the illicit trade in China. In 1918 the United States Court 
for China fined an American $500 gold for importing opium 
into China contrary to the provisions of the treaty of 1880. 2 
Except Japan, Portugal, and Great Britain, the other treaty 

i Parliamentary Debates, Commons, 1913, vol. 52, p. 2151. 
2 Reports by The North China Herald, February 9, 1918. 



SUMMARY AND CONCLUSION 135 

Powers seem entirely free from any suspicion of engaging in 
the illegal traffic. China must, therefore, make special agree- 
ments with Great Britain, Portugal, and Japan in regard to 
the importation, exportation, and sale of opium. 

As a tentative solution of the present opium problem, it may 
be suggested (1) that another International Opium Confer- 
ence be immediately called to urge each signatory Power to 
put into force the International Opium Convention of 1912, 
(2) that each signatory Power shall immediately prohibit the 
importation and exportation of opium except for medicinal 
purposes, (3) that a new rule of international law shall be 
introduced so as to deprive every Power, whether signatory to 
the Convention or not, of the right to engage in the opium 
trade which is "morally indefensible", (4) that each signa- 
tory Power shall make a detailed and complete report every 
year concerning the legislative and administrative measures 
that it shall have adopted to suppress the opium evil and the 
results achieved by these measures. The last suggestion is of 
extraordinary importance because it furnishes a supreme test 
of the honesty and sincerity of all nations towards the ne- 
farious traffic. Since the International Opium Convention of 
1912 does not provide for a definite date when the signatory 
Powers undertake to suppress or prohibit opium, it is neces- 
sary immediately to incorporate into the body of international 
law a new rule which shall make it illegal for any nation to 
carry on the opium trade. Under the operation of this new 
rule, Turkey, Persia and British India will not be permitted 
to export opium to other countries, in spite of the fact that 
Turkey refused to ratify the Convention for economic reasons 
and that British India is contemplating a prospective expan- 
sion of the opium trade. Of course, the project of such a rule 
would encounter strong opposition, but there is reason to be- 
lieve that the recalcitrant states will be compelled by the 
moral force of public opinion to consent to the project. 

As for China, it is necessary for the Chinese Government 
immediately to conclude with every Treaty Power a treaty 



136 OPIUM TBAFFIC IN ITS INTEBNATIONAL ASPECTS 

similar to the Chino-American treaty of 1880 to prohibit the 
importation of opium by foreign nationals. This treaty, if 
duly ratified, should be enforced not only by the Chinese 
authorities but by the signatory Powers whose citizens or 
subjects may happen to engage in the illicit trade. In the 
next place, China should immediately open negotiations with 
the Treaty Powers to secure the consent of those Powers to 
the abolition of the so-called extra-territorial jurisdiction 
which exempts foreign nationals in China from the operation 
of Chinese anti-opium laws and debars China from prosecuting 
her anti-opium campaign in the ports or districts under for- 
eign control. The abolition of extra-territorial jurisdiction, 
if consented to by all the Treaty Powers, will enable China to 
apply her anti-opium laws directly to the leased territories, 
such as Newchang, Port Arthur, Dairen, Weihaiwei, Macao, 
Kwonchuwang, and the Concessions or Settlements in the 
Treaty Ports, so that smuggling through these leased terri- 
tories will be made extremely difficult if not impossible. 
Until these two international questions of vital importance 
are definitely settled in China's favor, it is very doubtful 
whether China can realty liberate herself from the opium 
curse, the cessation of poppy cultivation only marking the 
beginning of the difficult task of putting a stop to opium- 
smoking. At present China is looking to friendly and human- 
itarian nations for relief from unreasonable and immoral 
treaty stipulations which restrain her from suppressing and 
forever destroying the opium traffic. 



VITA 

The author was born in Changteh, Province of Hunan, 
China in 1894. In 19 13 he was graduated from Ming Teh 
College, Changsha, in the same Province, with a degree 
equivalent to B. A. From 19 14 to 191 5, inclusive, he 
studied at the University of California. In 19 16 he entered 
the State University of Iowa where, in 191 7, he took the 
degree of M. A., his major work being in Political 
Science. From 191 7 to 1920 he continued his studies in 
Political Science at Columbia University, where he specialized 
in Public Law, taking courses and attending seminars in In- 
ternational Law, Administrative Law, and Constitutional 
Law, under Professors John Bassett Moore, Howard Lee 
McBain and Thomas Reed Powell, respectively. 






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